GALLATIN, Tenn. (WTVF) – For anyone convicted of marijuana possession in Tennessee, there has been an important development.
The Tennessee Bureau of Investigation has informed district attorneys across the state that investigations into some previous marijuana detection cases have yielded inconclusive results.
This means that some marijuana convictions will now be overturned. Marijuana is still illegal in Tennessee, but concerns about evidence collection are causing prosecutors to re-evaluate convictions.
And one of the first cases of its kind to be lifted happened right here in Sumner County.
“It shocked me. It is very rare for a guilty verdict to be overturned in a court of law.”
But that’s exactly what happened to George Worden four years after his arrest for marijuana possession.
He refused to confess and went to court.
“I did nothing wrong. I was caught with something I bought at a store,” Worden said.
His attorney, Blake Kelley, said the product was purchased legally in Gallatin.
But at trial, prosecutors argued that TBI tests showed it was illegal marijuana, and the jury convicted Worden, who had to pay a $15,000 fine and serve 60 days in jail.
He had resigned himself to having the conviction on his record until his attorney received a call last week from an assistant district attorney in Sumner County.
“She said we want to overturn the case, and I was shocked,” Kelley said.
Earlier this year, the TBI informed district attorneys across the state that the testing process used to analyze evidence of suspected marijuana may not produce conclusive results.
By examining the confiscated flowers, which involves heating them, it is difficult to determine whether the substance is legal cannabis such as hemp or actually illegal marijuana.
“We knew this was junk science. That’s it and that’s it,” Kelley said.
In Sumner County, Worden’s tests were deemed inconclusive, and the prosecutor and judge agreed that the evidence in this case did not support the defendant’s conviction beyond a reasonable doubt.
The verdict was overturned.
“I like that they’re doing the right thing, but to take credit for something that should never have happened is a waste of energy,” Kelley said.
District Attorney Ray Whitley believes that overturning such convictions is the right thing to do.
Wordens’ conviction is believed to be among the first in the state to be overturned, but more are expected to follow as prosecutors across the state re-evaluate all marijuana convictions.
Defense attorneys acknowledge that both the TBI and prosecutors have now recognized a problem and taken steps to correct it.
So what are the tests like today?
The TBI says it now has multiple marijuana-related methods and new equipment.
In some cases where the agency cannot determine total THC levels, it is now working with the Department of Agriculture to conduct testing.
Do you have any further information about this story? You can email me at [email protected].
She is over 80 and almost blind. Woman from Franklin continues to crochet for those in need
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-Rhori Johnston
