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Blackburn Betts PLLC

It used to be the case in Texas that the only thing law enforcement needed to say to justify a search of a vehicle was that they smelled marijuana. If they found marijuana, they wouldn’t need to test it to prove it was marijuana. The landscape has changed since hemp became legal. Hemp is the exact same plant as marijuana. It is just defined differently because it has been bred to have less than 0.3% THC. Hemp does not get you high but marijuana does. Assuming a person was being arrested for cannabis possession does not admit that it is, in fact, marijuana. They would need to test it in some way.

The field kits that they have might be able to test whether something is cannabis or sage, for example, but it cannot differentiate between whether it has 0.3% THC or higher. Officers may choose to seize the evidence and take it for testing and then issue an arrest warrant after the fact. In Travis County, for example, they don’t have machines for testing, so they are no longer filing marijuana cases. Unfortunately, some police agencies in Travis County are still arresting people and the prosecutors are rejecting charges.

For more information on Impact Of Hemp Legalization On Marijuana Cases, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.

Blackburn Betts PLLC

Call For A Free Case Evaluation
(512) 478-9898