His attorney Adam Tisdel says the trooper assumed the cargo was marijuana and the substance wasn't tested, even though Gonzales gave them a lab report showing it was hemp.
Tisdel says the feds and the states have made a distinction between marijuana and hemp-based on purity. "So they're telling people I smell marijuana. How do you know? You can't smell purity. And instead of training these officers, they're just telling them to do their best."
He says the Texas house bill on hemp says if you're presented lab reports, "You take a sample for testing and you let them go. If it's illegal marijuana, you can arrest them for it."
Gonzalez, who had been paid $2500 to drive the hemp from California to a New York processing facility was released last week following lab tests.
Tisdel says he missed the holidays with his family, his kids didn't have him there for Christmas. "This is just a guy trying to make a living like the rest of us."
He says the house bill on hemp says if you're presented lab reports, "You take a sample for testing and you let them go. If it's illegal marijuana, you can arrest them for it."
He said the hemp should have been tested and Gonzalez released. He's looking at filing a lawsuit, seeking reimbursement for the weeks he spent on custody and on behalf of the hemp farm in California and the hemp farm in New York. "We pick up the product on Friday. We don't know if the product has been destroyed or the condition of the product. We could be potentially adding that in."