- DPS will not arrest low-level marijuana offenders
- Memo tells troopers to cite-and-release
- The state decriminalized hemp final month
In an interoffice memo obtained by the Texas Tribune, Deputy Director Randall Price tag mentions the difficulty of figuring out the distinction amongst hemp and marijuana without the need of a lab evaluation. Hemp is a kind of cannabis with .three % THC.
The memo tells troopers to cite-and-release for any misdemeanor quantity of marijuana if the incident occurs in the individual’s county.
Prosecutors across the state have either decided to drop low-level instances or are nevertheless prosecuting in spite of testing not becoming obtainable but.
“The much more rural counties, the much more conservative the county, that is the ones exactly where you are seeing ordinarily prosecutors saying, “We are going to continue to prosecute,” stated Criminal Lawyer Gene Anthes.
A DPS spokesperson produced it clear that are not citing and releasing suspects on just about every case.
“In most counties prior to the new law taking impact, DPS was arresting and booking people on marihuana possession charges, and we will continue to do just that in jurisdictions exactly where prosecutors are accepting instances without the need of a quantitative lab report,” stated the spokesperson. “It is crucial to note that in practicality, regardless of whether an person is booked into jail or cited and released for misdemeanor charges (based on the jurisdiction), DPS will continue to take enforcement action that could in the end finish in the similar penalties if convicted up to a year in jail and fine of $four,000.”