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Some Texas Prosecutors Reluctant On Hemp Possession Prosecution

Courtesy: Chuck Smith / Red River Radio News

TEXAS  HEMP  PROSECUTION-  The  political leadership in the Lone Star State is urging county prosecutors to continue enforcing Texas marijuana laws. Prosecutors in Travis and other counties have said a new hemp law requires they prove marijuana has more than zero-point-3 percent THC which is the psychoactive ingredient Tetrahydrocannabinol, which they say is costly and time consuming. So they’ve stopped prosecuting cases without a lab test. But a letter from Governor Greg Abbott, Lt. Gov. Dan Patrick, House Speaker Dennis Bonnen and Texas Attorney General Ken Paxton says there are ways around that, including a provision in the new law making it a crime to transport hemp without a certificate. Travis County Attorney David Escamilla responded by saying the Department of Public Safety has yet to develop the specific rules around that provision.

"So they say, ‘We’ve added another offense.’ Yes, another offense that’s not ripe and it’s still not possession of marijuana," Escamilla said.  "All we’ve spoken to is possession of marijuana. I’ll tell you, it disappointed me that the letter to us did not acknowledge their responsibility of being asleep at the switch for allowing passage and signing of such a flawed bill.”   

Credit Courtesy: David Escamilla Facebook
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Courtesy: David Escamilla Facebook
David Escamilla, Attorney for Travis County

Escamilla says his policy has not changed, and says his department will not prosecute misdemeanor marijuana  possession  cases  that  don’t have a lab report,  a  practice  which  other  county prosecutors  in Texas  may  consider.

Governor Greg Abbott signed a new law last month  that clears up which CBD products are legal in Texas and will also allow local farmers to grow hemp as a crop.   The law, which received bipartisan support in the state Legislature, went into effect immediately.

Chuck Smith brings more than 30 years' broadcast and media experience to Red River Radio. He began his career as a radio news reporter and transitioned to television journalism and newsmagazine production. Chuck studied mass communications at Southern Arkansas University in Magnolia and motion picture / television production at the University of California at Los Angeles. He has also taught writing for television at York Technical College in Rock Hill, South Carolina and video / film production at Centenary College of Louisiana, Shreveport.