House Bill 1325 passed the Texas legislature and legalized hemp in Texas. This came with an unintended “consequence” since much of the state lacks the necessary testing equipment to tell exactly how much THC is in a sample. Hemp must contain 0.3% THC or less to be legal federally and in Texas.
The existing equipment can just detect that THC is present, not how much is actually present, Texas Public Radio says. Why does this pose an issue for prosecutors? Simply detecting the presence of THC now doesn’t exactly fly in the justice system.
Many prosecutors are deciding to stop prosecuting low-level marijuana crimes until new testing processes are available. It can easily be argued that a product, especially in concentrate form, is hemp-derived CBD. Many CBD products, unless they are isolate, still contain small amounts of THC (0.3% or less).
Marijuana possession in Texas is not decriminalized due to this “glitch,” but prosecutors may not waste their time, yours or the court’s time if it’s just a small, simple possession charge.