Expert needed in Landmark Conversions Legal Battle (Texas)

Do you remember when conversions first really started hitting the legal market in early 2020? So does the state of Texas, apparently.

Years later, they are now deciding to charge me with Man/Del of a controlled substance >400grams after their “labs” have come back.

I was one of the first vendors of compliant cannabinoids to hit the market and most certainly the first to sell any conversions with “CDTs” in my products.

Any of you remember “Stevelabman” trying to extort a bunch of us on Instargram? Lol… Now the shits sold in every gas station in Texas and im getting hemmed up years later.

They confiscasted 4 converted liters from my vehicle and several 1000 gummies. Im sure many of you can imagine what these products tested hot for being 2 years old…

I need a paid expert witness to potentially testify about the instabilty of conversion cannabinoids, especially in the early days of the game, to make the case for why I had 4000 grams of “Hot” distillate and gummies.

They let all the oil sit in evidence for almost 2 years and then decided to test it and press charges.

Help?

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Do you have analytics from T0?

Without those, arguing that your material was ever compliant is gonna be tough.

How about their analysis? What do they claim they’re looking at?

You might contact the lab you had these tested with initially to see if they’ve still got their retention sample. They probably don’t have to have it at this point, but you might get lucky. Having those would at least allow you to honestly evaluate the claim that your once compliant liters degraded over time (or didn’t when stored appropriately).

If you used a lab known not to notice D9 specifically so they didn’t notice D9, you’re probably not in a great place.

Certainly haven’t seen any published or even anecdotal evidence that compliant D8 will isomerize to D9 over time in your car…

Might could start that experiment now…

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I’ve worked as an expert witness for cannabis.

Feel free do dm for additional information

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Yes. I was compliant in all of my testing. I used various ISO labs that everyone else was using back then. Pretty big players in the testing game. A few years ago anyways.

Yes?

As in you HAVE the COA associated with what was taken?

I wasn’t asking IF you tested. I was asking DO YOU HAVE the COAs

Your answer implies to me that you don’t actually know which batch they have. And have no COA you can explicitly point to. Which makes

“I’ll contact xyz-lab and see about those retention samples”

Considerably more difficult.

Yep. unfortunately, many of the labs folks were using were NOT achieving baseline separation of D8/D9 at that time, and were simply feeding you the “compliant” that you paid for.

If you can’t point to the specific lab and coa for those products, arguing that you tested and it came back compliant is a whole lot harder.

“Here’s 20 COA, I tested everything” may be of some use, but it is unlikely to carry the same weight as “I know exactly which batch(es) you have, here’s the documentation, blame the lab not me…”

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I know some good cannabis lawyers in Texas if you still need representation.

https://www.sloanelaw.com/ is a beast and ran the DFW NORML for a while, still might idk

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Do you know what method the state uses to test it?

TX is about the worst place for this to happen, you’re looking at what, 5-99 years?

Edit: 10-life, fuck

I’d be happy to make a statement, I’ve been following the testing issues for a couple years and I’ve got a ton of info aggregated on my subreddit to comb through

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No I left Texas in 2012 after me and two friends all went to jail for the same joint. But I was shocked when D8 stores and labs started popping up all over because any extracts at all are an automatic felony (at least they were when I left). How is a cop supposed to discern a D8 pen from a D9 pen?

Possession of less than one gram of a THC extract or concentrate is charged as a state jail felony pursuant to Texas Health and Safety Code § 481.116. A state jail felony may result in a sentence of imprisonment ranging from 180 days to two years.

“It is a third-degree felony to possess one to four grams of a THC extract or concentrate. Pursuant to Texas Penal Code § 12.34, a third-degree felony carries a potential sentence of incarceration of two to ten years.”

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In all logic, d9 should slowly degrade with time.
This implies that what is now tested hot was likely hotter before.

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Why did they search your vehicle? Did you give them permission? Did a drug dog trigger it? When I was looking for an expert for a cocaine suporession case based off smell a Texas attorney reached out who was doing similar work in Texas. My gist of Convo was Texas drug sniffing dogs may still be trained to smell marijuana, which may violate the 4th amendment lack of probable cause

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I remember this being an issue, years ago. Colorado legalized cannabis and had problems …sticking cases against other substances that the K9 could detect… this was years ago and there are documentaries, if I’m remembering correctly…
I wonder if states like Texas noted this! I’m assuming not… but I’ll ask in the morning… and get back to ya!

But, how does this apply? Assuming there was a k9 involved.

If a K9 smelled hemp/cannabis and it was tested as cannabis… he’s not fighting a crack or heroin charge…
Assuming he has a license to have it in the first place… the timing is very suspicious for that…

I’d be interested in the county that it took place in… and the circumstances around getting pulled over… for sure!!!

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2 ways this may help

  1. If search was triggered by a dog who was trained that cannabis was contraband.

  2. The search was triggered by a cop who searched based off the smell of marijuana.

Under both circumstances arguably the 4th amendment was violated. To search the car there has to be probable cause of a crime. The only way to tell hemp from cannabis is by testing thc. Smell won’t cut it.

Under scenario 1 if dog was trained on cannabis being contraband, they can’t tell difference between hemp and cannabis. This would mean they would trigger on legal substance, which would violate the fourth amendment arguably (us supreme court has yet to rule explicitly)

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Did he have hemp on him?

If he did I get your point…

If he had coke and hemp, I’d also get your point …

But he had Hot…

There are far more important questions to ask here…

1st is licencesing…

@710EMS do you hold a Texas license?

Edit… or any hemp license… in any state?

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Another point worth mentioning @Patsykilledtony is dogs don’t smell THC. They smell terps

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A long time ago, I used to roll with an unfixed gsd female and a bin of dog food. I’m glad I never had to test the legal theory that any k9 would show interest in that, therefore the search is invalid.

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And probably would alert to the right mixture of botanical terps right?

That sounds like a reason for claiming unlawful search and seizure perhaps…

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They didnt in all my experiences. Never blinked when in full heat and bleeding.

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Now that’s a well trained dog.

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There are many ways defend this case. If they even listen to an expert the lab that made it will be scrutinized . Have they offered a “deal”? This sounds like an expensive list of charges.

Keep stalling them
Get a chemist as the expert
Question the testing labs methods
Argue the reason for the search
Push for dismissal based on new laws

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I think it’s beta caraphylene that they’re trained to smell if I recall

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