… Odor perception has absolutely nothing to do with distinguishing fiber-type cannabis (hemp) from drug-type cannabis (marijuana). Both plants are of the same genus, with hemp producing minimal amounts of tetrahydrocannabinols and marijuana producing significantly higher amounts. Since the passing of the 2018 Agricultural Improvement Act, the distinction between hemp and marijuana resides at the tetrahydrocannabinol content, with hemp being defined as -0.3% THC. Any plant exceeding that 0.3% threshold is considered marijuana by the DEA and subjected to interstate commerce laws, as per the CSA. Therefore, there is simply no way to distinguish between the two by odor perception. In the absence of sensitive chromatography analysis with verified chain of custody documentation… odor perception holds no merit in a court of law, other than law enforcement personnel using it to recognize a potential cannabis-related substance, which then needs to be analyzed for it’s THC content, prior to being properly identified as either hemp or marijuana.
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