A new House bill is changing the way Bexar County is prosecuting marijuana charges. That bill has redefined what Texas considers illegal marijuana. Bexar County joins Harris, Fort Bend and Nueces Counties in signing a policy on filing cases.
But it all happened so fast, the tools needed to test for the drug aren’t even yet set up.
For the first time ever, law enforcement has to prove that marijuana is, well, marijuana.
“It changes the definition of marijuana to something it hasn’t been in the past," said Paul Fortenberry, Harris County District Attorney’s Major Narcotics Division Chief.
It’s a definition change that came as a surprise to prosecutors around the state.
House Bill 1325, which took effect June 10, the day it was signed, says now if the THC is greater than .3 percent in the substance, then it’s considered marijuana, which is illegal.
Anything below that, they’re calling hemp, which is legal. The only way to find out for sure have it tested in a lab.
“The time that it takes to test has now gone up significantly," Fortenberry said.
The Harris County DA is now saying the only way they will accept criminal charges for misdemeanor possession of marijuana, which is 4 ounces and under, is if there is a lab result proving that the evidence has THC over .3 percent.
“On the misdemeanor cases, we’re going to be waiting for a lab," Fortenberry said.
The only problem? Our labs aren’t yet ready and could be up to a year before they are. And at a private lab, that test can cost anywhere from $300 to $900.
“Usually police departments are paying for these types of tests. But right now, the equipment at some of the labs doesn’t exist. And the manpower to conduct the tests also does not exist," Fortenberry said.
Houston Police said if you are charged, and you refuse to enter into the Misdemeanor Marijuana Diversion Program, you could be subject to having charges filed on a later date.
As a result of this bill, the Harris County DA’s Office said they’re currently dismissing 26 misdemeanor cases since June 10. As for the ones that came before, they’re still deciding what to do.
Bexar County District Attorney Joe Gonzales is reviewing the law's long term implications, a spokesperson from the Bexar County Sheriff's Office said. His legal advice until a long term decision is made is that deputies should continue business as usual.
Therefore, all deputies are directed to continue to make arrests, custodial or via cite and release, until further notice. Once a final decision is made, further direction will be given to Bexar County law enforcement.
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