Is It Possible To Get Deferred Adjudication On A DWI Charge In Texas?
For the longest time in Texas, deferred adjudication on a DWI was not an option, and there was actually only one other offense that also wasn’t eligible for deferred adjudication, which is the sexual assault of a child. This speaks to the lobbying power of Mothers Against Drunk Driving (MADD) in Texas. Eventually, however, MADD came to see that not having deferred adjudication on the table was causing people to draw a hard line with DWI cases and preventing defendants from receiving the treatment they needed and were willing to get—treatment which could help prevent future drunk driving occurrences. Over the past couple of years, MADD has been lobbying the legislature to allow deferred adjudication to be recognized for DWI first offenses, where those interventions are most likely to be effective. This year, the legislature implemented a law that allows for first-time offenders who had a blood alcohol concentration under 0.15 to be eligible for deferred adjudication. The DWI still has to have occurred after September 1, but DWIs tend to be pending for one to three years, and I suspect that all pending cases will receive a new evaluation in light of the new law. I expect that it will have a knock-on effect and that there will be some changes in offers in order to get our cases moving forward.
Now That Industrial Hemp Is Legal In Texas, Can I Grow Cannabis As Long As It Doesn’t Contain THC?
At this stage, it is very clear what is and what isn’t legal in Texas. While hemp-derived products containing CBD and less than 0.3 percent of THC are legal to own and use in Texas, whether or not industrial hemp will be allowed and the regulatory framework that will surround it is still being laid out. So, despite the fact that these products are allowed, the current state of the law doesn’t allow for people to grow hemp-derived products at a home level, and growing THC-containing cannabis is definitely illegal. That said, as of 2019 in Travis County, marijuana offenses are not being prosecuted.
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