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Criminal Law

: Grits for Breakfast

Hemp law radically reduced pot prosecutions in Texas: Don't go back

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Readers will recall that the Texas Legislature last year legalized "hemp" without a way for prosecutors to distinguish between legal hemp and illegal marijuana, which come from the same plant. To successfully prosecute, police would need to test the plant's THC levels, but few jurisdictions have the equipment to perform the task, much less staff to handle the extra work.The result: marijuana arrests and prosecutions plummeted statewide, with many jurisdictions eschewing them altogether. Grits dubbed it the Great Texas Hemp Hiatus. The Texas Department of Public Safety now has technology to perform the testing, but not sufficient staff; they have refused to provide testing for misdemeanor marijuana possession cases. In this light, the Texas House Criminal Jurisprudence was given an "interim charge" to study the questions raised by the hemp law, but COVID has prevented much progress...continue to full post

Full post as published by Grits for Breakfast on October 29, 2020 (boomark / email).