DENVER ― It was either a huge drug bust or a huge embarrassment. Kansas authorities aren’t sure which one yet.

In early January 2017, Kansas Highway Patrol seized more than 300 pounds of what they believed to be marijuana from the back of a FedEx semi-truck at a warehouse in Liberal, Kansas.

The shipment, which originated in Colorado, was bound for California. Official paperwork from the Colorado Department of Agriculture accompanying the load affirmed it was actually hemp and that, as stipulated by Colorado law, the plants contained no more than 0.3 percent THC. The psychoactive compound is found in much higher concentrations in hemp’s cousin, cannabis, with percentages in some varieties exceeding 17 percent.

Kansas state troopers trusted their noses more than the hemp paperwork ― Lt. Josh Biera swore in an affidavit the boxes gave off “an extremely strong odor of marijuana” ― and had it seized.

Nothing happened in the case for two years. In the meantime, the federal government legalized industrial hemp and all its byproducts in the 2018 Farm Bill. Then, on Jan. 31, 2019, prosecutors in Seward County charged the farmers, Eric and Ryan Jensen, with four drug-related crimes apiece, three of them felonies.

The Seward County Attorney’s office didn’t respond to multiple requests for comment regarding why it took two years to file charges in the case. And despite the charges, it still isn’t clear Kansas actually seized anything other than hemp.

THC levels in hemp sometimes do exceed 0.3 percent. So-called “hot” hemp can be the result of several factors, including the growing environment, flowering period, and the type of seeds used. In 2017, between 7% and 8% of Colorado’s hemp production had to be destroyed after testing hot.

The Jensens used to grow cantaloupe, but stopped after melons they cultivated were responsible for a listeriosis outbreak in 2011. Thirty-three people died after eating the tainted fruit, and 110 more across 28 states were sickened. The brothers were sentenced to 100 hours of community service and had to pay $150,000 in restitution. They decided to take part in a hemp growing operation partially as a result of the debt they found themselves in, Eric told the Associated Press.