Grimes County still prosecuting marijuana cases
A new house bill that recently legalized hemp with restrictions has caused quite the stir across Texas with some counties shying away from prosecuting marijuana cases.
House Bill 1325 legalized hemp with a THC (delta-9 tetrahydrocannabimol) concentration of not more than 0.3 percent on a dry weight basis.
According to Grimes County district attorney Andrea Bender, “The passage of HB 1325 has created a new legal issue for prosecutors across the State of Texas.”
Prosecutors must now prove, beyond a reasonable doubt that marijuana has a THC level greater than 0.3 percent to differentiate it from legal hemp.
Before HB 1325, prosecutions could be made through officer testimony visually identifying the substance as marijuana. Now the verification must be done through scientific analysis.
Bender said the state funded Department of Public Safety (TXDPS) Crime Labs don’t currently have the necessary equipment or protocols for quantitative testing of THC. The TXDPS Director informed the Agricultural Committee of the issue before HB 1325 being passed. It was still passed but the bill did not provide funding for TXDPS to purchase the necessary equipment or for counties to pay for testing.
Bender said other counties such as Harris, Tarrant and Waller have elected to implement policies either refusing or limiting the acceptance of marijuana cases for prosecution. Despite there being few independent labs throughout Texas capable of performing the analysis, which is sure to cause delays and slow down the process of moving marijuana cases through the court system, Bender said they will continue to prosecute. “The Grimes County district attorney’s Office will continue to accept and process marijuana cases,” stressed Bender.
She said private lab fees will be added to restitution and court costs on marijuana cases where a defendant requests quantitative testing before the plea agreement. If there is a trial and conviction, the cost of expert testimony will also be included in the restitution and court costs.
Bender said she will be in communication with Senator Charles Schwertner’s Office, Governor Greg Abbot’s Office and Representative Ben Le-man’s Office to try and obtain the necessary funding to pay private labs to test and quantify THC levels.
“While I am your district attorney, there will be no de facto legalization of marijuana in Grimes County as long as marijuana remains illegal in the State of Texas,” stated Bender.