Possession of Marijuana and THC Crimes in Texas

District Attorney’s across the state of Texas continue to prosecute Possession of Marijuana or THC Crimes. However, do not plead guilty unless you have first discussed your case with an attorney. Do not discuss your case with just any old attorney. Instead, consult a top rated criminal defense lawyer like LeGrande Law.

The Changing Landscape of Marijuana and THC Crimes in Texas

There are many recent changes in the law regarding marijuana and THC (Tetrahydrocannabinol) under the Texas Health and Safety Code. I discussed these changes in the law in a recent blog post TX Hemp & Marijuana Law – New Laws for 2019.

New law: any plant or substance derived from a plant, that has a THC concentration less than 0.3% is not defined as a controlled substance (or marijuana) for purposes of the Texas Health and Safety Code’s punishments for related offenses.

Possession of Marijuana and THC Crimes in Texas: Why to never plead guilty

1. TX crime labs Cannot quantify how much THC is in ANY substance

None of the Texas crime labs can perform a quantitative analysis of the THC in substances. The only thing that they can test for is the PRESENCE of THC. The GC/MS laboratory analysis are very sensitive, and can detect even 1 mg of THC, however, they DO NOT have the ability to quantify how much THC a suspected substance has.

This creates a HUGE problem for District Attorney’s Offices across the state. The labs cannot prove that the substance is actually controlled and regulated as a PG 2 substance, marijuana, or Hemp. This is because it has a THC concentration below the threshold level.

2. New law has enactment date of September 1, 2019 – HOWEVER, ALL future cases must have the new law applied.

Without nerding out too much…follow me on the statutory construction of a new law like the Texas Hemp Farm Act to understand WHY THE NEW LAW IS RETROACTIVE:

• The new law is outside the Texas Penal Code. See the Texas Hemp Farm Bill.
• The new law is ambiguous. It has an enactment date, but no enabling legislation or a savings provision.
• When a law is ambiguous, the Texas Government Code gives guidance in the interpetation and application of a new statute under Chapter 311, TX GOV CODE.
• Under the Texas Government code: “If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment, revision, or amendment of a statute, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the statute as amended.” TX GOV CODE 311.031(b)
• The new statute applies because the penalty or punishment is reduced for substances with less than 0.3% THC.
• The jury must find beyond a reasonable doubt that the substance contained a THC concentration over 0.3%.

3. If they cannot prove the quantity of THC in a given substance, they cannot prove guilty Beyond a Reasonable Doubt

The labs cannot tell the difference between 95% THC and 0.00001 % THC.

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC OR MARIJUANA…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results!

CALL NOW for a Free Consultation!

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