U.S. Attorney Larry Keefe says he will prosecute marijuana cases that state attorneys across the Northern District of Florida won’t because of an inability to tell the difference between the Schedule 1 drug from legal cannabis.

Keefe’s offer comes on the heels of an announcement last month by several states attorneys, including Tallahassee’s Jack Campbell, that they may pass on prosecuting marijuana cases until testing is adopted that can decipher between hemp and pot.

“In the event that any local police department, sheriff’s office, or other local or state law enforcement agency within the Northern District of Florida seeks the prosecution of marijuana-related crimes — and in the event that the State Attorney who has jurisdiction over such crimes refuses to prosecute any marijuana crime — the USAO will offer to review and, if appropriate, prosecute any such case in the federal criminal justice system,” Keefe said in a press release that followed a meeting on Thursday at the Leon County Sheriff’s Office with lawmen from across the region.

The Northern District of Florida, from Escambia to Alachua County, covers five state judicial circuits — the 1st, 2nd, 3rd, 8th and 14th — including the six counties under Campbell’s purview.

The 2018 Farm Bill and the Florida Legislature legalized hemp with less than .3% THC, the psychoactive ingredient that causes a high.

Campbell welcomed federal help in testing cannabis to determine it's THC content.

"I think everybody is trying to work through the problem. Obviously the federal government has resources well beyond mine," he said. "If the DEA can test it or the FBI can test it, I’m happy to have any help they can offer."

►State Attorney Jack Campbell pausing prosecution of marijuana cases amid hemp testing issue

Campbell last month said he would pause prosecuting some pot cases because hemp and marijuana look and smell similar making identification difficult for drug-sniffing dogs and officers.

“This office will no longer be charging people with possession of cannabis absent a confession to what the substance is or testing by a lab that can meet the evidentiary standards,” he wrote in a late July letter to law enforcement officials. “I know this is a significant change in the law and would caution you in making arrests when these issues are present.”

He added that North Florida’s prosecutors don’t yet have testing refined enough to determine the difference.

Third Circuit State Attorney Jeff Siegmeister and 8th Circuit State Attorney Bill Cervone have made similar statements as Campbell.

Siegmeister said he wasn’t convinced marijuana and hemp smell similar, but that his office would still be prosecuting on a case-by-case basis with a focus on establishing new protocols for conducting searches.

Siegmeister voiced concerns that the large volume of low-level possession cases, one of the most common charges prosecutors see statewide, could be funneled up and overwhelm federal prosecutors.

Prosecutors in the 1st and 14th circuits have not taken a public stance on the issue.

Related:Local leaders looking at pot decriminalization amid hemp debate and pause in prosecutions

Almost immediately after Campbell said he would pause prosecuting some pot cases, his office got one that tested his decision.

A woman was arrested at the Tallahassee International Airport with 63 pounds of marijuana in her suitcases, accused of bringing the drugs back from San Francisco and faces marijuana trafficking charges.

That case is one that clearly will be prosecuted because of the amount seized and the belief that it is in fact marijuana, Campbell said.

Because marijuana remains illegal at the federal level, Keefe said his office will continue to target the connection between criminal gun violence and marijuana-related criminal activity and will go after marijuana cases.

In the event a state attorney “refuses” to prosecute, Keefe asked that assistant state attorneys be temporarily sworn in as federal prosecutors. Attorney General Ashley Moody and Statewide Prosecutor Nicholas Cox have also agreed to allow some of their assistants to be deputized as federal officers.

“The (U.S. Attorney’s Office) is hopeful that those State Attorneys in the Northern District of Florida who choose not to prosecute marijuana-related crimes in the state criminal justice system based upon concerns about laboratory testing availability and similar legal issues will contact the (U.S. Attorney’s Office) regarding participation in the (U.S. Attorney’s Office) program.”

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter