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Texan Prosecutors Dismiss Cannabis Convictions

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[dropcap class=”kp-dropcap”]T[/dropcap]exas Gov. Greg Abbott signed a bill in June that legalizes hemp cultivation in the state, and added a lab test requirement for cannabis convictions to differentiate and omit hemp-related charges. As a result of this decision, the next hurdle is to tackle the present misdemeanor cannabis convictions that are no longer valid under state law.

According to the Fort Worth Star-Telegram, the Tarrant County District Attorney’s Office dismissed about 235 cannabis-related cases. The dismissed cases were filed after June 10, and all of them now technically require a lab test in order to move forward. Because of new legal language in the law, most state crime labs can’t perform tests that can differentiate legal cannabis products like hemp from cannabis with THC.

Tarrant County District Attorney Sharen Wilson explained to the Fort Worth Star-Telegram that cases can still potentially be refilled and prosecuted, but law enforcement would have to obtain a report from an accredited lab showing that THC was present. However, since most local labs can no longer do these tests, this is proving difficult. “The lab report in our estimation is now a requirement of the crime because it’s the only way you can tell legal from illegal,” Wilson said. “It could be quite expensive because it’s rare.”

The majority of cases that have been dismissed so far were for two ounces of cannabis or less. Those found to be in possession of four ounces or more will not have their cases dismissed. They also made it clear that no cases will be charged without the proper testing. “We will simply treat it as every other drug case and not indict it until we have a lab,” Wilson said. “That’s been the Tarrant County way since the ’70s . . . In Tarrant County, we have never indicted drug cases without a lab.”

Officials in the state of Texas has been on a roll lately. They have worked to expand the state’s medical cannabis program, and many officials are working toward cannabis decriminalization.

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