GALLATIN, Tenn. (WTVF — A major development for anyone convicted of a marijuana charge in Tennessee.
The Tennessee Bureau of Investigation notified District Attorneys across the state the testing process in some past cases for marijuana evidence was not conclusive.
This means some marijuana convictions will now be overturned. Marijuana remains illegal in Tennessee, but concerns over the testing of evidence have prosecutors reassessing convictions.
One of the first such cases to be overturned is in Sumner County.
"It shocked me. It's very rare to have a guilty verdict from a trial overturned."
But that happened to George Worden four years after his arrest for marijuana possession.
He had refused to take a plea deal and went to trial.
"I didn't do anything wrong. I got found with something I purchased in a store," said Worden.
His lawyer Blake Kelley said the product was bought legally in Gallatin.
But at trial, prosecutors argued TBI testing found it to be illegal marijuana, and the jury convicted Worden who had to pay a $1,500 fine and serve 60 days in jail.
He was resigned to having the conviction on his record until his lawyer took a call from a Sumner County Assistant District Attorney last week.
"She said we want to reverse this case, and I was in shock," said Kelley.
Earlier this year, the TBI notified District Attorneys across the state that the testing process for analyzing suspected marijuana evidence could be inconclusive.
The testing of the confiscated bud — which involves heating it up — makes it difficult to tell if the substance is legal cannabis like hemp or actually illegal marijuana.
"We knew this was junk science. It is, and it was," said Kelley.
In Sumner County, Worden's testing was flagged as inconclusive, and both the prosecutor and judge agreed: The evidence in this case does not support the defendant's conviction beyond a reasonable doubt.
The conviction was set aside.
"I like that they are doing the right thing, but to appreciate something that should never have happened is a waste of energy," said Kelley.
District Attorney Ray Whitley says reversing such convictions is the right thing to do.
Wordens' may be among the first in the state overturned, but there will be more as DAs across the state re-evaluated all marijuana convictions.
Defense lawyers do credit both the TBI and DAs for recognizing there was a problem and taking steps to correct it.
So what happens with testing today?
The TBI insists its testing is accurate. A spokesman told us in a statement on Thursday that the TBI has several testing methods related to marijuana. In some cases where the agency can't determine specific THC levels, they now partner with the Department of Agriculture for more testing.
Do you have more information about this story? You can email me at nick.beres@newschannel5.com
Fostering Hope provides Christmas for kids in foster care. I'm delighted to see Fostering Hope expand this year to expand their reach to now include kids in Foster care in metro AND foster kids in East TN hard hit by Helene.
-Bree Smith
