Texas passed a law legalizing hemp on June 10, 2019. Texas DPS crime labs currently lack the ability to distinguish between hemp and marijuana. The difference between the two is the amount of THC present. Some prosecutors have announced that they will no longer prosecute misdemeanor marijuana cases. A competent prosecutor will not indict a felony drug case without a lab report. Private lab testing is available but that is likely to be time consuming and expensive.
The Governor and the Texas Attorney General have added to the confusion by urging prosecutors to continue to enforce marijuana laws. What will a police officer do when he or she finds a person in possession of a substance suspected to be marijuana? Who can say right now? The Williamson County Attorney will not prosecute misdemeanor marijuana cases that occurred on or after June 10, 2019. The Williamson County District Attorney has announced that his office will make a case by case determination about whether to prosecute felony marijuana cases. There are a few prosecutors in other counties who have announced their intention to continue to prosecute all marijuana cases.