SAN ANTONIO — Hemp and marijuana have two different paths in Texas as one is legal, and the other is not all because of how much THC they each have.
We spoke with an attorney about how this detail is playing out in cases across Bexar County.
The difference between hemp and marijuana is a small one with a huge impact.
“You can lose jobs. The arrest immediately goes on your criminal record,” Criminal Defense Attorney Shannon Locke said.
Hemp crops and products are legal in Texas. Recreational marijuana is not.
The latter has more than 0.3% of the psychoactive component THC, which is a difference Locke said plays out in courts.
“Once the law changed [in 2019], then then police agencies needed to act differently when they found marijuana, they created a cite and release program,” Locke said.
Locke had been working on a 2019 case, before the law was changed, in which someone was alleged to have been caught in possession of marijuana.
“Back in 2019, they could just say, Look, this, the substance appears to be marijuana. And that was sufficient for the jury to decide if the if the state had proven beyond a reasonable doubt whether or not it was marijuana,” Locke said.
He said now if caught with something believed to be marijuana the substance must be tested.
“Again, that process, you could be arrested. You have to post bond and then as you’re waiting for that test to come back,” Locke said.
In 2021, Texas expanded their medical marijuana program, which raised the THC cap from 0.5% to 1%.
San Antonio Council on Alcohol and Drug Awareness CEO Abigail Moore said regardless of the amount, there’s an impact.
“What we do know is that it’s not FDA regulated and so what the concentration is on these hemp products is unclear,” Moore said.
Moore said it’s your responsibility to know if you are in possession of a product with THC in it especially as it can lead to a felony in some cases.
“We’re seeing school administration really leveling up the education that young people are receiving, preparing them because they don’t want young people getting caught,” Moore said.
H/T: news4sanantonio.com
