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Hemp legalization leads to huge decline of misdemeanor marijuana charges in Texas

This lengthy local article, headlined “Marijuana prosecutions in Texas have dropped by more than half since lawmakers legalized hemp,” reports on a remarkable new reality for Texas marijuana prosecutions. Here are some excerpts:

It’s been more than six months since Texas lawmakers legalized hemp and unintentionally disrupted marijuana prosecution across the state.  Since then, the number of low-level pot cases filed by prosecutors has plummeted. Some law enforcement agencies that still pursue charges are spending significantly more money at private labs to ensure that substances they suspect are illegal marijuana aren’t actually hemp.

The Texas Department of Public Safety and local government crime labs expect to roll out a long-awaited testing method to distinguish between the two in the next month or so.  But that’s only for seized plant material.  There’s still no timeline for when they will be able to tell if vape pen liquid or edible products contain marijuana or hemp.  And DPS said even when its testing is ready, it doesn’t have the resources to analyze substances in the tens of thousands of misdemeanor marijuana arrests made each year — testing it didn’t have to do before hemp was legalized….

In June, Gov. Greg Abbott signed into law a widely supported bill to legalize hemp in Texas.  The bill focused on agriculture practices and regulations, but it also narrowed the state’s definition of marijuana from cannabis to cannabis that contains more than 0.3% of tetrahydrocannabinol, or THC, the ingredient in marijuana that gets you high.  Anything with less THC is hemp.

Lawmakers were warned the measure could bring marijuana prosecution to a halt without more resources because public labs could only determine whether THC was present in a substance, not how much was present.  Still, the legislation sailed into law with no crime lab funding attached.  State leaders and the bill authors have since reaffirmed that the law did not in any way decriminalize marijuana.

Soon after its passage, however, district and county prosecutors across the state, in counties that lean both Republican and Democratic, began dropping hundreds of low-level pot cases.  Some began requiring law enforcement agencies to submit lab results proving the suspected drugs had more than 0.3% THC before they accepted cases for prosecution.  The Texas District and County Attorneys Association advised its members that such testing likely is needed to prove in court that a substance is illegal….

In 2018, Texas prosecutors filed about 5,900 new misdemeanor marijuana possession cases a month, according to data from the Texas Office of Court Administration.  The first five months of 2019 saw an average of more than 5,600 new cases filed a month.  But since June, when the hemp law was enacted, the number of cases has been slashed by more than half.  In November, less than 2,000 new cases were filed, according to the court data.

For those who support marijuana legalization, that change is welcome, adding to an already growing effort in some of the state’s most populated counties to divert pot smokers from criminal prosecution or not arrest them at all.  “It means that there are fewer Texans that are getting slapped with a criminal record for marijuana possession, something that is already legal in other states,” said Katharine Harris, a drug policy fellow at Rice University’s Baker Institute for Public Policy.

https://lawprofessors.typepad.com/marijuana_law/2020/01/hemp-legalization-leads-to-huge-decline-of-misdemeanor-marijuana-charges-in-texas.html

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