As previously explored by News4SA and Irene Cruz, the Hemp and Marijuana distinction in Texas is still encountering hurdles as the rules and regulations to sell Hemp products are still unclear. The Texas Department of State Health Services recently submitted proposals for regulating the sale of Hemp derived products, that if approved, mean CBD shops could not sell Hemp that consumers smoke.
Criminal Defense Attorney Don Flanary, of the Flanary Law Firm PLLC, explains that the main issue with the current situation is that police officers cannot determine the difference between Hemp and Marijuana, because the appearance and aroma are similar.
“They’re arresting people with CBD products, thinking they’re THC. That’s horrible, right?” says Flanary. “You go into a store. You buy something that you believe is legal. It’s CBD. You think it is. Then an officer pulls you over and doesn’t trust you to believe you and says, ‘well, you’re going to jail.’ That happens. It’s happening.”
As of November 2019, Bexar County now has one of three toxicology labs that can distinguish between Hemp and Marijuana.
Attorney Don Flanary says, “I’m representing people like that all the time and ultimately, their cases will get dismissed The reality is, as with all criminal law, you have to intend to commit the crime. So if you’re not intending to possess THC, well, then you should be found not guilty.”
If you are charged with a Marijuana related offense involving what you thought was CBD, or have questions regarding your Marijuana related offense and CBD, contact the Flanary Law Firm, PLLC, at 210-738-8383 today.