A recently-passed law in the state of Texas legalizing CBD and hemp products may mean there will no longer be prosecution for many cases involving possession of small amounts of marijuana across the state. This isn’t due to opinions changing overnight, but due to lack of accurate testing equipment to determine percentage of THC. This is an expensive process, so some officials consider Texas misdemeanor marijuana cases (possession of less than two ounces) not worth prosecuting.
Lawmakers enacted House Bill 1325 this past May, which was designed to allow hemp to be cultivated as a cash crop. Governor Greg Abbott signed the bill into law just last month. The law differentiates between hemp and marijuana based solely on percentage of THC by dry weight. Legally, Texas residents are now allowed to cultivate hemp and buy or create CBD products legally, as long as the amount of THC is less than 0.3%.
Despite this clear differentiation, the new law led to the inadvertent dismissal of a total of 32 felony and 61 misdemeanor marijuana-related charges throughout Travis County. According to officials here, new misdemeanor possession cases involving marijuana are not expected to be prosecuted. Currently, law enforcement agencies do not have sufficient equipment to determine how much THC is in a sample of cannabis at the necessary scale. As a result, they are finding it difficult to determine whether a substance illegal marijuana or legal hemp/CBD.
Travis County’s District Attorney Margaret Moore recently released a statement in which she had the following to say:
“After consulting with the Austin Police Department, the Travis County Sheriff’s Office and the Texas Department of Public Safety, I am dismissing these cases because we cannot obtain a lab analysis on the substances involved to establish the THC concentration.”
The DA clarified that the cases being dismissed were related to marijuana possession filed on or after June 10, and that those filed before June 10 would not be dismissed.
Additionally, Travis County Sheriff Sally Hernandez also released a statement stating the following:
“My deputies have been directed to cease filing misdemeanor possession charges until further notice. Additionally, felony possession charges involving large amounts of pot will be staffed with the district attorney to ensure that no other illegal activity is being committed.”
The Austin Police Department and the Texas Department of Public Safety have also gone on record of stating that each sample collected would take approximately 8 to 12 months in order to determine the overall concentration of THC due to the fact that the state of Texas has only one laboratory that has the ability to test cannabis, as well as to determine whether the substance is illegal marijuana or legal hemp.
In Travis County alone, there are already more lenient laws that exist in regards to possession of marijuana as opposed to other counties. For instance, first-time offenders who are found to be in possession of less than two ounces of the substance will be able to undergo a diversion class that lasts for a total of four hours, as well as pay a small fine instead of having to go to court.
Thank you for reading the legal news blog of The Law Office of Gabriella Young. Contacting an experienced attorney right when you are charged is incredibly important for the wellbeing of your case. We are an Austin, Travis County, and Williamson County criminal defense firm experienced possession, drug charges, and DWI cases. Our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!