After facing a load of approximately 10,000 cannabis-related cases to process, the state of Tennessee Bureau of Investigation (TBI) has established a two-step system of testing the product for tetrahydrocannabinol (THC) — a cannabis compound that causes intoxication — that takes just minutes.

Any cannabis containing more than 0.3 per cent of THC, which is the legal cut off point for whether the plant is defined as hemp, is considered illegal under federal and state law.

Both medical and adult-use cannabis are prohibited in Tennessee, with those convicted of possession risking a fine of at least $250 and up to a year in jail.

Although the test itself — a simple colour test — takes minutes to complete, clearing the backlog could take months.

“It is the same plant, it is the same species. It looks the same, feels the same and reacts the same to a lot of field color tests,” Mike Lyttle, TBI Assistant Director, Forensic Sciences Division, told WSMV News. “This has been one of the greatest challenges in forensic science over the last couple of years, how do you tell the difference between marijuana and hemp?”

Already overwhelmed with testing cannabis flower, the TBI is also responsible for testing products like vape cartridges, edibles, and “harder” drugs such as methamphetamine and opioids.

Hemp became officially legal on a federal level in the U.S. in December 2018 with the passing of the Hemp Farming Act of 2018. The bill “legalizes industrial hemp that has tetrahydrocannabinol of no more than 0.3 per cent by removing it from Schedule I of the Controlled Substances Act,” and grants hemp producers eligibility for resourced such as USDA research grants and federal crop insurance programs.

The bill has caused confusion in various states such as Texas, where authorities lack the resources to differentiate between hemp and high-THC cannabis — effectively decriminalizing the drug.