Changes with the TBI may also impact the way police make arrests when it comes to marijuana.

The Tennessee Bureau of Investigations sent out a memo to other law enforcement agencies in Tennessee that states test in marijuana cases will "only be performed on felony amounts of plant material and at District Attorney's request if needed for trial."

Defense attorney's suggest this means the TBI is somewhat unwilling to test marijuana when it comes to smaller amounts or misdemeanor amounts. Reports show that anything under a half ounce is considered to be a small amount.

If plant material is not tested to show proof the plant is actually marijuana, then court cases can be thrown out.

A statement from the TBI read (Read the entire letter here):

"In late August, District Attorneys General and Law Enforcement across the state received notification from our Forensic Services Division of additional testing to differentiate between hemp and marijuana. The letter explains the two tests that are now conducted to identify the presumptive determination of the sample. The TBI crime laboratories are on pace to receive more than 10,000 submissions of green leafy substance and Forensic Scientists are now conducting considerably more tests than in the past. Determining the quantity of THC requires yet another test, which will be conducted on all felony amounts of plant material that is presumptively marijuana, and any other submissions as requested by a District Attorney General, to include misdemeanor amounts. We currently test misdemeanor amounts and will continue to test misdemeanor amounts at the request of the District Attorneys General."

Keep in mind, the memo does not decriminalize marijuana in any way... it only changes what is or is not tested by the TBI.