Drug charges in New York are not unbeatable. As it turns out, some of them do not have the merit that police and prosecutors think they have when they are levied. One recent case is showing the limits of field tests for narcotics and other illicit substances limited or prohibited by New York law.
A man was arrested for marijuana possession in Brooklyn after a large number of green plants with a strong scent were intercepted on the way to his place of business. The storefront offers products featuring CBD, or cannabidiol, a substance found in marijuana and prized for its relaxing effect. CBD, however, is not a psychoactive drug, and therefore, not covered by laws against marijuana use.
The operator of the farm where the shipment originated, who is the brother of the arrested man, confirmed that the plants were hemp and shipped for the purposes of extracting CBD. This is not the first time this has happened, as reports from Minnesota and Idaho also include police confusing hemp and marijuana.
“I can’t believe I’m going through this for a legal business,” Levy said after his brother’s arrest. “I can’t believe my poor brother got locked up.”
Charges are expected to be dropped. Anyone who is facing similar charges, especially when they were not connected with any illegal substances, has the right to legal defense with legal representation. An attorney can investigate charges and work with prosecutors and law enforcement officers to work out alternatives to trial. If a case makes it to court, a lawyer can help defend people against charges.