I’m sure you’re all aware of the trend that defense argues that THC-A when heated in testing becomes Δ-9 THC.



Resultantly, almost universally defense attorneys are setting all my THC Vape cases for trial.



I know DPS and RMS now test for THC-A which is helpful.



Could someone smart read me in on the fact and fiction of this issue?


I'd also like to develop a precedent based response to the no mens rea defense as well ("I thought I was buying legal THC-A.")


How are other offices approaching these issues?

RFM

I highly suggest reaching out to your DPS lab and asking them. I'm sure they would be willing to have a meeting and walk you through some of the particulars. They are the experts and, through my career, have been wonderful resources for genuine questions like this.