Barrow County woman waiting on test to clear her of a felony after deputies find vape pen in her car

BARROW COUNTY, Ga. — It’s been more than six months since sheriff deputies pulled over Rachel Allred for speeding.

For more than six months, a felony has been hanging over her head and she says a simple test would clear her of it.

Authorities pulled Allred over on January 31.

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Sheriff Deputies say she was speeding and was impaired.

While searching her car, they found a Delta 6 vape pen.

According to court documents, authorities looked up the Delta 6 pen and said, “The website stated that the pen contains a large amount of terpenes and cannabinoids.”

They charged Allred with possession of a Schedule 1 controlled substance, a felony.

”I was not aware I was going to be charged with that until I was in jail, in the general population,” Allred said.

Documents provided to Channel 2 Action News by Allred showed that the vape pen was bought from a local smoke shop and seemed to follow all regulations for hemp-based products.

The vape pen was sent to the GBI for testing months ago, but the product has not been tested yet.

”We have cases that are held up numerous months into years over this, over-testing,” Barrow County Sheriff Jud Smith said.

Sheriff Smith says every department around the state sends evidence to the GBI for testing. However, there is often a months-long wait for results on DUI cases.

Smith says more serious cases, such as murders and rapes take priority.

The result is sometimes cases like Allred’s take longer to test.

”You’re kinda a catch-22 in that type of situation,“ Smith said.

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”You are at the mercy of the system here,” said Defense Attorney Bruce Hagen.

He says waiting for test results for 8-12 months is typical in a case like Allred’s. However, it can negatively impact those who have pending felonies hanging over their heads, following them around as they try to live their life.

”It’s more than a disruption in your life. It can prevent you from being hired,” Hagen said.

That’s where Allred is.

She is still waiting for a test that could clear her name while struggling to find work because of a pending felony that shows up on job applications.

“I’m labeled a pending felon when I go to try to get a job, and then to find a job that is sufficient to pay my bills, that’s even harder,” Allred said.

The GBI did not have time to get us data on their current backlog.

They say the lab has worked diligently to reduce the backlog in the past year. 

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