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Wan'dale Robinson won't be charged with marijuana possession


manawahusker said:
I read this as Robinson definitely would not be charged because of lack of evidence yet the other 3 could be charged down the road.
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Can't imagine that the passage of time increases their odds of criminal prosecution. All of them probably need to expect team punishment tho.
 



Section 104 said:
Not near as exciting as not wanting to prosecute football players. Basically, the legislature legalized industrial hemp. Industrial hemp was defined as cannabis with less than a certain percentage of thc. Marijuana definition now says that “industrial hemp” is not marijuana. Industrial hemp and marijuana are both cannabis. The state patrol crime lab can identify cannabis and it can identify thc. It cannot give a level of thc concentration in that cannabis. The only way to get a lab report saying that it is marijuana is to send it to an out of state lab, which costs significantly more, particularly if someone wants a trial. Also, realize that max penalty for less than an ounce is $300 fine. It is unlikely that many marijuana cases get filed, unless the patrol gets things together or the legislature fixes things.
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The 2018 farm bill removed cannabis which contains less than .3 percent THC (hemp) from the list of schedule 1 controlled substances. That does leave law enforcement with a dilemma because in order to prove a possession, or any other cannabis related charge, they will have to prove the product found is not just hemp. As you point out, that means more cost.

They will also run into issues with CBD products. CBD wasn’t in the schedule of controlled substances to begin with. The only reason it was a problem was because it was a derivative of the cannabis plant which is part of the schedule. Now that certain cannabis plants (hemp) is exempted (but still regulated) CBD from hemp is also not in violation of the controlled substances act. But how do you tell where it really came from.

There may also be other issues with hemp CBD relating to food safety regulations, but that is an FDA issue rather than a DEA issue.
 
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alabamahusker said:
That’s a huge generalization to assume he nor any other team member won’t learn from this.
Regardless of the “law” there will still be team and NCAA rules etc..
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They knew the risk and got caught. If the risk is gone, I doubt the learned anything. I also doubt they were first time users. If it is not illegal, by law, I don't think there will be enforceable consequences by other entities.
 




Unfortunately weed is here to stay and that's not changing. Perhaps players might want to STOP smoking it in dorms as they are probably annoying other kids that DO NOT smoke it? Anyone caught driving around with it in a vehicle is just stupid and BEGGING for police problems.

Bottom line if the local authorties are fine with dropping charges so am I.............
 
Section 104 said:
Not near as exciting as not wanting to prosecute football players. Basically, the legislature legalized industrial hemp. Industrial hemp was defined as cannabis with less than a certain percentage of thc. Marijuana definition now says that “industrial hemp” is not marijuana. Industrial hemp and marijuana are both cannabis. The state patrol crime lab can identify cannabis and it can identify thc. It cannot give a level of thc concentration in that cannabis. The only way to get a lab report saying that it is marijuana is to send it to an out of state lab, which costs significantly more, particularly if someone wants a trial. Also, realize that max penalty for less than an ounce is $300 fine. It is unlikely that many marijuana cases get filed, unless the patrol gets things together or the legislature fixes things.
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huh... So hypothetically if someone in Nebraska were just lighting up on their front porch and a cop drove by... The police officer would ticket the offender and then in all likelihood the prosecutor would drop the case. Is that correct? I think I heard the Douglas county da is declining to prosecute cbd cases too. So it seems even less likely someone would get prosecuted in Douglas County.
 



Seth said:
huh... So hypothetically if someone in Nebraska were just lighting up on their front porch and a cop drove by... The police officer would ticket the offender and then in all likelihood the prosecutor would drop the case. Is that correct? I think I heard the Douglas county da is declining to prosecute cbd cases too. So it seems even less likely someone would get prosecuted in Douglas County.
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It's very hard for them to tell the difference between hemp and cannabis. The cost of testing in a lot of cases doesn't make sense for a small possession charge.
 
Well I hope Nebraska doesn't "fix" this. The way the country is going its going to be legal in most places soon. I don't expect Nebraska to ever go the route of Colorado, but not prosecuting people for Marijuana possession would be a step in the right direction, in my opinion.
 

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