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Sunday, March 26, 2023

Bell Island

Island & Huff Law OfficeBell Island is Nebraska's only Board Certified Specialist in DUI Defense by the National College for DUI Defense. Read More




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Welcome to Island Law Office, PC, LLO located in Gering, NE. Island Law Office built their practice on dedicated legal representation founded on strong client relationships. We pride ourselves on our accessibility and responsiveness to your needs.

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(308) 633-4040
1428 10th Street, Gering, NE 69341

In Nebraska possession of marijuana and hash is a crime.  Although hash is just concentrated marijuana, the state has made its possession a felony.  The problem is that the state cannot prove that what they suspect is hash, is hash.  All they can prove is that it is THC.
Just because someone thinks a particular drug is coke, or meth, or hash, doesn't make it so.  It has to be tested.  In order to test the substance, the state lab uses a gas chromatography/ mass spectrometer or gc/ms. The machine does not know what a substance is, it has to be taught.  The teaching process is called a method, a series of steps to demonstrate that the information you receive from the machine means that a particular substance is what the machine says it is.

However, marijuana and hash is tested for the same contents, THC.  It is only the concentration of THC that takes marijuana to hash.  Unless the machine is taught to look for the concentration of THC, it cannot call a substance hash.  
I had a suspicion that the lab was unable to identify the hash.  That suspicion was proven correct when I made a freedom of information act request to the lab.  The lab sent me documentation that it is unable to determine a substance is hash, and can only determine the substance is THC.  Without the test, the substance is nothing more than common marijuana.
Just because the government says it's so, doesn't make it so.  You have to look at their investigation, their tests, and their evidence.  Many times it just may show that they cannot prove their case.