Mitch McConnell’s big victory for his home state hemp industry may have made it easier for people busted for marijuana to get off the hook.

Last year, McConnell pushed to get a provision legalizing hemp into the farm bill. His goal was to spur hemp farming across the country and boost farmers in his home state of Kentucky who have been battered by a loss in federal tobacco subsidies.

But here’s the catch: Hemp and marijuana products both come from the same plant, cannabis, which makes it nearly impossible for the average cop to tell the difference. As states rushed to change their hemp laws to capitalize on the federal changes, many municipalities are giving up on small-time pot busts because of a lack of reliable testing. Under federal and most state laws, hemp can’t be more than 0.3 percent THC, the psychoactive compound that triggers a high. Before hemp was legal, police only had tests that could detect the presence of THC, not how much.

Now that cannabis with less than 0.3 percent THC is legal, a growing number of prosecutors are requiring lab tests to bring charges. The mere presence of THC is no longer enough. [Read more at Politico]