WHY POT CHARGES often DON'T STICK IN TENNESSEE

First up, we're not talking about all pot charges. If you're caught with 20 pounds of weed, you're likely a drug dealer and this post doesn't apply to you. 

But if you're caught with only enough marijuana to roll a couple of blunts, chances are the charges can be tossed. 

Typically, a street arrest or a traffic stop leads to charges of personal possession of marijuana. 

A cop finds a baggie of what looks like weed, assumes it is weed, and boom!, you're suddenly being booked into the jail closest to you.

However, Tennessee prosecutors face an uphill battle in actually gaining a conviction for marijuana possession and the problem stems from pot's counterpart: hemp. 

In science class, marijuana and hemp are the same thing: cannabis. 

In the courtroom, pot and hemp are not the same thing. The difference is based on the amount of THC in each. THC is the stuff that gets you baked and there's a whole lot less of it in hemp than marijuana.

In 2018, the Tennessee legislature legalized hemp. That brings us back to science. When the hemp law passed, lawmakers didn't give law enforcement any money to upgrade lab testing equipment. The testing machines could detect cannabis, but  could not differentiate between hemp and marijuana. 

The Tennessee Bureau of Investigation did eventually buy a machine that can tell the difference between hemp and marijuana. That's one machine for the entire state. There are too many dime bags to count. Understandably, the TBI prioritizes testing. 

So, unless you're carrying enough pot for a party, there's a likelihood your charges can be dropped...  if your attorney understands the state's lab testing limitations and adequately argues on your behalf.