QUESTION

If CBD is found to have more than .3 legal level of THC who is criminally liable? The producer, distributor or retailer?

Asked on Feb 14th, 2021 on Criminal Law - Florida
More details to this question:
Oregon CBD producer ships CBD that has more THC than legal limit to my store. I get a lab report from them that states it is under legal limit but a DEA test shows product actually has more than legal limit. Who is at fault criminally ?
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1 ANSWER

DUI Defense Attorney serving Coral Gables, FL at Jonathan Blecher, P.A.
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Possible both you and the seller. Though CBD sales are legal in Florida (you can get them at CVS and GNC), and while you may have a defense to the charge, that you relied upon the lab report of the manufacturer, you can be held responsible for possession and sale of a controlled substance. DEA could go after Oregon seller for a number of violations of federal law. Lawyer up right away if you haven't already.
Answered on Feb 15th, 2021 at 6:16 AM

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