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Some Say New Hemp Law Makes It Harder To Prosecute Marijuana Possession

By Jo Ingles

Published August 8, 2019 at 9:27 PM EDT

The backer of a new law legalizing hemp and CBD oil in Ohio says law enforcement officials will soon have access to new testing technology that will be able to easily distinguish the amount of THC in a product. That testing is needed in order for cities to comply with the new law. But at least one city isn't waiting for it and is making a change to its enforcement policies right now.

Columbus City Attorney Zach Klein says the new law mandates hemp and CBD oil must contain less than three percent of THC, the active ingredient in marijuana. But there's a big problem.

“We do not have the technology to determine the percentage of THC in a substance," Klein says.

Klein says that’s why the city will no longer prosecute for small amounts of pot possession though he says it still makes sense to use more expensive tests to go after OVI and trafficking cases.

Republican State Sen. Steve Huffman (R-Tipp City), the backer of the new law, says he’s heard similar complaints from other cities. But he says none of them actually testified against the bill when it was under consideration.

“I agree and understand," Huffman says.

Huffman says the state hasn't yet issued a license for hemp production. He says that won't likely happen for a few months. And Huffman explains a new, more affordable testing procedure is in the works.

The new law had bipartisan support. Most states already allow hemp and CBD oils . Huffman notes people have been transporting it through Ohio all along. He says this new law allows similar business opportunities to farmers and retailers in Ohio.