A young adult gets taken to police custody for smoking marijuana cigarettes and trying to befuddle police by suggesting itâ€™s CBD
An 18-year-old man was taken into custody on Thursday at 2:30 p.m. after local police found him guilty of carrying marijuana. As per police report, his vehicle was inspected by the police on County Road 1050 North in Elgin Street. The officers became alert on smelling burnt marijuana in his vehicle and identifying its cause to be a burnt cigarette.
Duvall and his friends insisted that they were carrying a CBD product named Hampi which was legally purchased from a gas station. He also added in his defence that the product carried a small amount of THC. Although the package was indeed identified as CBD flower which has now become legal in all the 50 states, the officer added that he had found marijuana inside after flipping it over.
Upon examination it was revealed that the package contained marijuana which led to the arrest of Duval on charges of illegal marijuana possession.
Hemp flower derived from the cannabis plant looks and smells just like Marijuana in spite of having a low THC content. Jahan Marcu, a cannabis researcher and co-founder of theÂ International Research Center on Cannabis and Mental Health had earlier pointed out that, â€śHemp flower and cannabis flower are essentially the same thing,â€ť before adding that, â€śThey come from the same part of the same plant. The only difference is the ratio or amount of the active ingredients.â€ť
CBD flower can either be vaped, smoked or used in making products like tea bags or jams. Herman Barclay, the co-owner of Indy CBD Plus in Indianapolis had pointed out that, â€śDifferent delivery methods give different results. Vaping or smoking the product gets it into the lungs faster than anything elseâ€¦and thereâ€™s zero waste.â€ť
He also added that CBD is used to deal with, â€śstress, anxiety, pain, insomnia,â€ť. What CBD does is, it goes after the CB2 receptors in your body. This gives you a warm blanket feeling and a calming feeling over the body.â€ť However, due to the low THC amount the consumer doesnâ€™t get a high.
Jeff Rasche, the police chiefÂ for the Greenfield Police Department had voiced concerns over this issue saying that, â€śThere is a productÂ being soldâ€¦that could very well jam up an unknowing citizen if they were using their product and possibly cause them to be arrested.â€ť The main reason behind this is that CBD flowers are bound to come off as positive in the police field tests for containing marijuana.
According to Julie Chambers, former Marion County deputy prosecutor, â€śIf it smells like and resembles marijuana, a cop will have a very hard time differentiating between the two. If they find what they believe to be marijuana, they have probableÂ cause to arrest, which could lead to you going to jail.â€ť
She also added that, â€śItâ€™s not necessarily cause to sue the police because based on their training experience, they hadÂ probable cause to arrest you and in most cases, theyâ€™re immune from civil liability.â€ť Your name will appear on the arrest record even after the charges are dropped and it might take about an entire year to get it removed.
Stevi Dugan, the co-owner of Mr. Leeâ€™s CBD in Indianapolis holds the view that, â€śCBD oil could test positive in a field test for cannabinoids, but it wouldnâ€™t hold up in court.â€ť She also spoke about her companyâ€™s policy of informing customers well in advance about the potential run-in they can face with federal agents.