Is that really the question?
Back in 2018 the U.S. Farm Bureau passed a law decriminalizing Hemp; a plant that is used in everything from textiles like clothing, bags and shoes to ropes and chemical absorbents which eventually prompted Texas to do the same.
The problem? Hemp comes from the same plant as marijuana and actually carries trace amounts of THC, the ingredient that causes marijuana to have the mind altering effects that attract recreational users…and makes it illegal.
Previously, the presence of THC in something was cause enough to declare it to be marijuana…and illegal. This new law complicates the matter significantly because now it is no longer enough to show the presence of THC; there must be more than the acceptable amount of .03% in order for the substance to be considered illegal.
So how does one determine the percentage of THC in any substance? The process is not simple and in fact, requires equipment and training that will cost in the millions to acquire and maintain. So where does that leave law officers and prosecutors?
In Tarrant County, more than 200 misdemeanor cases have been dismissed and in both Travis and Harris counties more than 30 similar cases have been dismissed stating that all future cases must have lab results showing the THC concentration in all products seized. At this writing, Galveston County has not made a determination as to how they will proceed and estimates are that it will be a year or more before crime labs in Texas will be in a position to provide that information.
