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Can police distinguish hemp from marijuana?

Flanary Law Firm, PLLC

Just last year, Texas signed into law the regulation of hemp as long as its THC quantities are below a certain percentage.

This has created a problem for law enforcement agencies throughout the state as it has many similarities with another plant that happens to be illegal.

HB1325 was signed into law back in June of 2019. It pretty much defines any cannabis plant with levels of THC, the chemical ingredient that gives a high, under 0.3% as hemp but according to an attorney, the new law has made the term ’probable cause’ gone up in smoke.

We tagged along with Mario Reyes, a deputy with the Constables Office for Precinct 1, as he showed us hot spots for illegal activities.

”Still the common drug that they see smuggling through the river, that they are willing to take the risk with is marijuana.”

Through Stonegarden, a federal grant, constables along with the Laredo Police Department and the County Sheriff’s Office patrol areas to help deter high areas of human or illegal drug smuggling.

”The only thing that’s legal right now in the state of Texas is hemp, and it has to be 0.3%.”

The reason behind it, a 2019 Texas legislature law, HB1325 attorney Don Flanary explains.

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