New Hemp Law Means DA Won't Prosecute Some Marijuana Cases

HOUSTON — The passage of a new hemp farming law in the Texas legislature last month is going to make it harder to prosecutor misdemeanor cases of marijuana possession. As a result of that new law, Harris County District Attorney Kim Ogg said many of those cases may not be prosecuted.

"...the Harris County District Attorney’s Office will not accept criminal charges for misdemeanor possession of marijuana — 4 oz. and under — without a lab test result proving that the evidence seized has a THC concentration of over .3 percent," Ogg said in a statement. "Felony Marijuana charges will be evaluated on a case by case basis by our Office. In the proper instances, such charges may be taken while lab test results are pending."

The changes stem from the passage of House Bill 1325, which was signed into law by Gov. Greg Abbott at the end of the legislative session.

Response from Chief @ArtAcevedo pic.twitter.com/9CRw4eikEC
— Houston Police (@houstonpolice) July 2, 2019

The new law allows farmers to grow hemp as as crop as long as the THC content is less than .3 percent. If the THC content is greater than .3 percent, its marijuana and it's illegal.

Before the new law took effect on June 10, state law enforcement agencies were clear in that any amount of THC was not legally allowed.

While there may be limitations in Harris County, Montgomery County DA Brett Ligon said it will be business as usual.

"While that legislation will eventually permit state officials to issue licenses for hemp cultivation and the production of certain hemp products, it is important to note that those agencies must first promulgate rules and regulations to govern the licensing process and the regulation of the hemp industry," Ligon said. "At this point, no licenses have been issued and no legal hemp is being grown in this State."

Ligon said if there is probable cause in any marijuana case, the Montgomery County District Attorney’s Office will continue to accept and file appropriate criminal charges.

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