“I am confused as to why you have changed your position and are continuing with prosecuting men that truly could have not had any knowledge that this small margin of error had occurred,” Tulsa defense attorney Paul Brunton said in the letter.

District Attorney Mike Fisher declined the Tulsa World’s request Monday for an interview about how he is distinguishing between noncompliant hemp and marijuana or whether he considers them one and the same. In staying mum, he cited state ethics rules regarding statements made by prosecutors.

“The law provides mechanisms for challenging, in court, the State’s decision to prosecute this matter,” Fisher said. “As of (Monday morning), no motions have been filed by the defense. If one is filed, we are prepared to address that in a court of law.”

The Brunton law firm represents the two security officers who founded a business that provides protection for hemp shipments. Defense attorneys have expressed concerns that law enforcement chose cannabis samples likely to be higher in THC content than others and that THC concentrations increased as the plant material dried out in the time before testing took place.