On July 30th, 2019, Ohio passed a law for the legalization of hemp throughout the state. In order to have legal hemp, THC (tetrahydrocannabinol) amounts within the plant must have a value of .3% or less. This would be the defining factor to differentiate between hemp and marijuana. Have you noticed the loophole yet? When someone is found with marijuana and/or hemp, the police forces in Ohio are normally able to assign misdemeanors for possession. However, what if you weren’t able to distinguish these two plants apart?
Testing for THC?
Police currently are unable to perform tests that would allow them find out the THC content within the marijuana or hemp. Currently, there really isn’t any way for these officers to notice any difference if the person possessing claims that it is hemp and not marijuana. Especially due to the fact that hemp is legal! Because these differences are unable to calculated to precision in Ohio, there isn’t really anything these officers are able to do?
So…Marijuana is Legal due to a Loophole?
In all actuality, no, marijuana is currently “legal” due to the fact that officials are unable to tell the difference without lab certified tests. People possessing the products can easily say that it is hemp and they aren’t breaking any rules. So, due to a loophole in the system, marijuana is currently being ignored in the crime situation. No one is able to be indicted of such charges! Ohio is formulating plans to make a change to the system so they are able to either test these substances or make it so people that are using it for recreational purposes are found.
No, this does not mean that marijuana is truly legal within Ohio. However, until testing kits are available or citizens are no longer able to possess hemp, then misdemeanors cannot be given for possessing marijuana!