LOS ANGELES- A Florida appeals court has overturned a drug-trafficking conviction, reducing it to a possession charge due to the inability to distinguish between illegal cannabis and legal hemp. The Second District Court of Appeal ruled that the state failed to prove beyond a reasonable doubt that the substance exceeded the legal threshold for tetrahydrocannabinol (THC) content.
The case involved Pryce M. Campbell III, who was apprehended at Tampa International Airport with multiple vacuum-sealed packages containing a green, leafy substance. Law enforcement conducted a chemical test on only one of the packages, which confirmed the presence of THC. However, the remaining packages were not individually tested.
The court emphasized that, following the legalization of hemp, visual or olfactory identification is insufficient to differentiate between hemp and cannabis. It stated, “The state can no longer rely solely on appearance and odor… and must chemically test each packet… to meet the threshold weight required for trafficking.”
As a result, the court directed the lower court to amend Campbell’s conviction to felony possession and to resentence him accordingly.
