Free Law Review Idea (or, please, just tell me the answer)

This past weekend, I heard Professor Jessica Aycock (TTU) discuss her paper Hemp and Marijuana: The Necessity of Lab Testing for Fair Prosecutions. Here is her abstract:

This Article examines the evidentiary and ethical challenges prosecutors nationwide face in distinguishing between hemp and marijuana under current federal and state laws. Following the legalization of hemp under the federal 2018 Farm Bill, the legal distinction between hemp and marijuana now hinges on the concentration of delta-9 tetrahydrocannabinol (THC). This distinction requires quantitative lab testing to be established. Without quantitative lab testing, prosecutors cannot accurately determine THC levels, making it challenging, if not impossible, to meet the burden of proof required for marijuana possession convictions. This Article argues that the absence of testing raises evidentiary and ethical concerns that undermine the principles of justice and due process. The Article includes a historical overview of hemp regulation, an analysis of the federal 2018 Farm Bill, a state-specific implementation of the 2018 Farm Bill—Texas House Bill 1325, and a discussion of prosecutors’ ethical responsibilities in criminal cases. The Article concludes that fair prosecutions require quantitative lab testing, as a failure to identify substances accurately undermines the justice system's integrity and risks wrongful convictions.

Upshot: Defendants may have pled guilty to marijuana-related charges in Texas when they were factually innocent of those charges because the associated "drugs" were, in fact, hemp. (Indeed, at page 11 of her paper, Aycock notes that between 2004 and 2015, scientists found "variants" in the material they tested in 416 cases in JUST ONE TEXAS COUNTY (Harris). Of those 416, in 251 cases it was determined that "no controlled substance was present."

Here's my law review idea: How can noncitizens utilize Aycock's findings to benefit their immigration cases? Can they get access to the drugs collected during their arrest? How? Can they now get those drugs tested to see what the THC level in them was? How? What do they do with any information gained?

Maybe you're a long-time crimmigraiton attorney and you know the answer. If so, please, spill the t. It would still make for a great article, if you've got students looking for a topic.

-KitJ