Tuesday 5 November 2019

Massive marijuana shipment confiscated by NYPD is legal hemp: business ownerMassive marijuana shipment confiscated by NYPD is legal hemp: business owner

By Gabrielle Fonrouge and Priscilla DeGregory

according to court records.

Andrew Subin, a lawyer with the Vermont farm that sold Levy the plants, said a detective from the precinct asked him what the legal THC limit was.

“He was claiming that he didn’t know the legal limit. He said that he needed to do his own test,” Subin said. “We have a test by a certified lab, so I don’t understand why they need to do their own test. This is having a real impact on our client and the buyer.”

Subin’s law partner, Timothy Fair, said warned the cops have no ground to hold the plants, which can lose their potency over time.

“I think it’s entirely inappropriate for them [the 75th Precinct] to put that on Facebook when no crime was committed. For them to gloat over the seizure of hemp is not appropriate,” Subin said of the East New York cop shop’s tweet. “There is no grounds for holding this product. It is a time sensitive matter. The hemp won’t be viable indefinitely.”
The hemp is legal under federal law, according to David Holland, a lawyer who advocates to legalize marijuana.

“The bottom line is as long as all the load has less than .3 percent [THC] it’s legal under the federal farm bill and therefore legal in New York State,” he said.

“It’s not surprising that their [the NYPD’s] antiquated testing would still show positive for THC. But the presence of THC is no longer the line of demarcation as to whether a crime is committed or not because it will come up positive. It’s whether it’s over .3 percent of THC by volume.”

CBD, or cannabidiol, is a chemical found in the cannabis plant that is not psychoactive unlike THC. It is often used as an alternative medicine to help people with pain and anxiety.

“The laws governing hemp have gone through changes over the years but now hemp is legal in New York,” added Manhattan lawyer Carla Sanderson. “The NYPD may have been mistaken in making this arrest without probable cause that a crime was committed.”

Cops did not return requests for comment. 

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