Good news for some marijuana defendants in Texas. It may be more difficult for the government to convict you now that hemp is legal. The issue is in the way the law now defines legal hemp products. Texas recently legalized hemp, and defined hemp as cannabis Sativa l. with a THC % of .3 or under. What’s wrong with that? Well, Texas defines illegal marijuana as cannabis sativa l. with a THC level of over .3%. So when the police find your plant material, or vape oil, or gummies, the only difference between being illegal or not is the % of THC in the product. This is awesome because the drug labs that the State uses to test marijuana don’t have the equipment currently to test for THC %. The State has millions of tax dollars to waste buying new drug lab equipment, so expect the market to supply some solution eventually. Texas Prosecutors are already aware of these issues and are brainstorming how to convict you anyway, at least with plant material cases.
Does this change in the law apply to those currently charged with possession of marijuana?
I’m not sure, that’s going to have to be litigated, but defense lawyers are going to argue it does and prosecutors our going to argue it doesn’t. The law that makes hemp legal in Texas is already in effect. So possession cases after June 14th will be affected. Those before will have some extra litigation on their hands if they want to use a hemp defense.