KWTX is reporting that Texas House Bill 1325, which was signed by the governor on June 10th and took effect immediately, may have a dramatic and unintended effect on the prosecution of misdemeanor marijuana cases throughout the great state of Texas.

HB 1325 was intended to clear the way for Texans to grow, harvest and transport hemp to market for use in the production of natural CBD-based health products.

Tom Needham, McLennan County assistant district attorney, said, "The laws on marijuana have not changed, but the definition of marijuana has and that makes a difference."

CBD is found naturally in marijuana and hemp plants but it's not associated with the high you get from marijuana. Now CBD may be supplied as an oil in which CBD is the only active ingredient. Then that ingredient can be inhaled as smoke or vapor, or even through an aerosol spray, also in capsule form, all to help relieve such issues as anxiety, pain, and movement disorders. My own father takes it for his Parkinson's.

THC is the ingredient that's going to get you into hot water as that is the ingredient that causes the high.

But as of June 10th the law now has been redefined. As it goes, marijuana is always hemp, but hemp isn't always marijuana. If your hemp tests lower than 0.3 percent for THC, then Texas considers it hemp. But, if it pops higher than 0.3 for THC, then it's marijuana and that is breaking the law.

Here's the problem for prosecutors. Few crime labs in the state are capable of determining that test. So if you get popped for a small amount of marijuana your lawyer is going to make the prosecutor prove it's marijuana and not hemp. At this point they can't so some prosecutors are just not even going to try to prosecute.

They might just hold it until labs are equipped, then prosecute you later so, even though they have an issue now, you know damn well Texans can be stubborn at times so they just might "catch you later."


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