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Blog 2019 July New Hemp Law Leads Prosecutors to Drop Many Marijuana Cases
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New Hemp Law Leads Prosecutors to Drop Many Marijuana Cases

Posted By Jerry Loftin & Associates || 16-Jul-2019

On June 10, 2019, Governor Gregg Abbott signed into a law a bill that legalized the industrial production of hemp. The legislation, which took effect immediately, was initially introduced to help farmers compete in the rapidly growing hemp production industry.

Hemp and Marijuana Redefined

Under the new law, the distinguishing factors between hemp and marijuana were redefined. Where before hemp was considered the part of the cannabis plant that did not contain marijuana, now it is determined by how much tetrahydrocannabinol (THC) is in the product. Hemp is defined as a substance that contains less than 0.3% of THC, whereas marijuana contains more than 0.3%.

Labs Not Currently Equipped to Test for THC Levels

The only way to determine the percentage of THC in a substance is to conduct a specific chemical test, which Texas labs are not currently set up to perform. That means if law enforcement seizes a material they believe is marijuana, without proper testing, there would be no way to prove that it falls under the legal definition of the drug. Right now, if a person were charged with possessing marijuana, they could argue it was hemp, and since the substance is now legal and labs don’t have the tools to determine how much THC is it, prosecutors would have trouble landing a conviction.

Prosecutors Dropping Charges

As a result, many prosecutors have said they will be dropping misdemeanor possession of marijuana for personal use charges. Additionally, they might not pursue any new cases until proper tests can be conducted.

Experts say the machines for testing for the THC percentage in a substance are costly – around $300,000 to $500,000. It could take up to 1 year for the state’s labs to be properly equipped.

Request a Free Consultation with Jerry Loftin & Associates Today

Together, our attorneys have more than 65 years of legal experience and know-how to fight charges for drug crimes, such as possession of marijuana. With our understanding of the law and the personalized service we provide, we will build an innovative defense strategy for your unique case. We will work relentlessly to get charges reduced or dropped and minimize the consequences of a conviction on your life.

For professional and aggressive legal representation, call us at (817) 591-7850 or contact us online.

Categories: Drug Crimes

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