COUNTY
WHAT IS HB 1325? House Bill 1325 decriminalizes hemp and defines the difference between hemp and marijuana.
House Bill 1325 allows licensed sales of low-THC hemp product Counties’ approaches to hemp law differ
prosecution of marijuana cases, par- ticularly aer the recent failure of all legislative e orts to decriminalize or reduce the penalties for possession of marijuana,” the press release states. As of July , Montgomery County Commissioners Court approved , to fund an account des- ignated for marijuana and hemp testing. Harris County District Attorney Kim Ogg’s approach to criminal marijuana charges di ers. The Harris County District Attorney’s Oce will not accept criminal charges for mis- demeanor possession of marijuana without a lab test result proving the evidence seized has a THC concentra- tion over .%, Ogg stated. Ogg’s oce stated in a news release felony marijuana charges will be evaluated on a case-by-case basis, and charges may be led while lab test results are pending. Ogg implemented a program in in which individuals caught in possession with ounces or less of marijuana could take a four-hour diversion class instead of being charged and arrested.
be legalized, Ligon noted it cannot be produced in a formmeant for smok- ing or vaping. “Even aer licenses are issued, legal hemp growers and transport- ers will be required to maintain and produce paperwork authoriz- ing their activities,” a July press release from Ligon’s oce states. “With appropriate training and experience, law enforcement ocers should have no diculty develop- ing probable cause to believe that an individual possesses marijuana intended for smoking.” However, a July press release from Ligon indicates the Montgom- ery County prosecutor’s oce will continue to le criminal charges for marijuana usage if a peace ocer is able to develop probable cause. “This oce will not use the antic- ipated problems in implementing the new legislation as a pretext to achieve the policy goal of ending
BY ANDREWCHRISTMAN The Harris and Montgomery counties’ district attorneys are
HB 1325 also legalizes the production and transportation of hemp when licensed by the state. According to the new law, the percentage of THC present is now relevant for future cases of marijuana possession. COUNTY STANCES Montgomery and Harris counties’ district attorneys are taking different stances on the legalization of hemp. MONTGOMERY COUNTY:
taking di erent stances on a new bill legalizing hemp, which was passed in the legislative session. House Bill , signed into law June by Gov. Greg Abbott, legalizes and regulates the production of hemp as well as redenes the di erence between hemp and marijuana. A sample of material testing with more than .% THC—or tetrahydrocannabinol, which is a mind-altering compound, according to the Centers for Disease Control and Prevention—is classied as marijuana, while anything below that number is classied as hemp. The bill states hemp can be legally grown and transported once state ocials issue licenses, according to Montgomery County District Attorney Brett Ligon. While the production of hemp will
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Criminal charges can be made on probable cause before testing.
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HARRIS COUNTY: Criminal charges will not be acceptedwithout a lab test result proving more than 0.3% THC.
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290
45
610
99
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SOURCE:HARRISCOUNTY,MONTGOMERYCOUNTY/ COMMUNITY IMPACTNEWSPAPER
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The Woodlands edition • August 2019
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