Recently, Texas passed a law that made it legal to possess hemp. However, confusion regarding how to enforce the law has resulted in prosecutors throughout the state refusing to accept misdemeanor marijuana possession cases. The confusion comes from the fact that hemp is defined as cannabis that has a limited amount of THC in it. Labs in the state are not currently able to conclusively determine how much THC is in cannabis.
Authorities in Texas found 31 pounds of marijuana in a 2013 Hyundai after responding to the scene of an accident. The accident took place at the intersection of Victory Drive and Indian Springs in Marshall. An officer at the scene reportedly smelled a strong odor of marijuana and asked the driver of the Hyundai about the smell.
Many people in Texas may be relieved to learn that hundreds of low-level marijuana charges are being dropped across the state. The state law does not actually decriminalize marijuana for personal use. It does, however, legalize hemp and hemp products like CBD oil, which are non-intoxicating. In order to pursue a case under the new law, police and prosecutors must distinguish between marijuana and hemp. The legislation, which passed as House Bill 1325, redefined the meaning of "marijuana" in state law. While the term previously referred to parts of the cannabis plant overall, the change specifies only those parts that are higher in THC, or tetrahydrocannabinol.
While it is perfectly legal for most adults to drink alcohol in Texas, driving under the influence is against the law. That is, if your blood alcohol concentration climbs above 0.08% before you climb behind the wheel, you may find yourself sitting in jail.
In June 2019, a bill allowing the cultivation of hemp was signed into law by the governor of Texas. As a result, prosecutors in Travis County are rejecting possession of marijuana cases that originated on or after June 10 that don't come with a lab report. The reason why the cases are being rejected is that lab equipment can't detect the level of THC in a cannabis sample.
Texas residents may be interested to learn that more than 200 marijuana possession cases were dismissed by the Tarrant County Criminal District Attorney from June 10 to June 28. However, it was noted that the cases could be refiled if better testing for marijuana and cannabis becomes available.