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.
This action was influenced by the fact that the Texas Legislature voted to legalize the farming of hemp, which is defined as cannabis with less than 0.3% of THC. However, this has created a problem for a large number of crime labs as they are not able to determine how much THC a product has. There are other implications to this law as well. For example, most drug dogs are trained to identify marijuana and cannabis regardless of the actual THC levels in the products.
Ultimately, the district attorney for Tarrant County stated that he did not want to proceed as a prosecutor if he could not prove that an accused person was breaking the law. One crime lab used by Dallas police departments has already stated that it will not accept new marijuana-related drug cases until it can determine the THC concentration levels in products.
In general, the consequences for possession of marijuana are particularly severe in Texas and can range from thousands of dollars in fines to a jail sentence. As the laws associated with marijuana continue to change, potential defenses for a marijuana-related drug charge may also be impacted. For example, a criminal law attorney may scrutinize the THC levels and the inability for drug labs to determine the amount of THC in any drugs that may have been found on an accused person. If a person is facing a drug charge for possession of marijuana, the attorney may be able to argue that authorities cannot prove that the cannabis product was illegal.