Possession of marijuana in any “usable” amount is punishable by jail time and steep fines in the State of Texas. This is concerning due to the fact that the tests and methods used in marijuana cases aren’t always reliable. Officers will claim the material they found looked and smelt like marijuana according to “their training and experience.” Often the substance in question will test positive for THC and charges will be filed for possession of marijuana. That’s the problem. With the federal legalization of Hemp it has become harder for prosecutors to prove that a person is guilty of possessing marijuana.
Hemp comes in various forms and its flowers look and smell almost identical to marijuana. Legal hemp can have up to 0.3% THC. That means legal hemp will test positive for THC on most field tests used by police. Often times it is very expensive to determine beyond a reasonable doubt a substance is illegal marijuana. As a result, police offices and prosecutors can be fooled into thinking hemp flowers are high grade marijuana. Hemp looks and smells so similar to marijuana that officers may claim probable cause to search an individual exists despite being in possession of a legal substance.
Continued Prosecution for Possession of Marijuana?
The changes in the law have led some District Attorneys to cease prosecuting possession of marijuana cases. Yet other District Attorneys continue to prosecute possession of marijuana cases without reliable testing instruments. Even if placed on Deferred Adjudication or Pretrial Diversion, that can be a risk if not adhered to perfectly. It is always best to minimize your chances of getting a conviction for possession of marijuana. Seek advice from someone with experience in dealing with the possible pitfalls before accepting a plea or fighting charges like possession of marijuana. Hiring an experienced lawyer can be the difference between obtaining a dismissal and getting a conviction for possession of marijuana.