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  • Writer's pictureBrian Foley

Conroe Possession of Marijuana Attorney - Does Montgomery County prosecute marijuana cases.

Conroe Possession of Marijuana Attorney - Brian Foley discusses prosecution of marijuana cases in Montgomery County, Texas.

Possession of Marijuana Attorney - Conroe

There are many places around the country that have legalized marijuana and many more are on the way. As of August of 2023 the Montgomery County District Attorney's office located in Conroe, Texas has continued to authorize arrests and file criminal charges in Marijuana possession cases.

Despite the change to Texas law which requires proof of at least .03 % THC in marijuana for it to be classified as illegal as opposed to industrial hemp officers in Montgomery County are still making arrests based on sight and smell of the plant cannabis sativa L.

Effective June 10, 2019, HB 1325 introduced a significant redefinition of "Marihuana" within the state of Texas. The legislative choice to employ the spelling "Marihuana" in the law stemmed from their enactment of Health and Safety Code 481.002 (26), wherein the term was meticulously outlined.

Curiously, this legislative act also coined another term, namely "The plant Cannabis sativa L." This nomenclature evokes a sense of transformation akin to an artist's evolution, reminiscent of the transition of the artist formerly referred to as "Prince." Now, let us delve into the elucidation of the rechristened plant, once known as "marihuana."

"Marihuana" henceforth denotes the plant Cannabis sativa L., whether in cultivation or otherwise, inclusive of the seeds thereof, as well as all compounds, manufactures, salts, derivatives, amalgams, or formulations originating from said plant or its seeds. Notably excluded from this designation are:

... (F) hemp, in accordance with the delineation presented in Section 121.001 of the Agriculture Code.

The introduction of this new provision, noted as (F), into the criminal statutory definition of "marihuana" through HB 1325 introduces the potential for substantial legal implications. The underlying rationale for this prospect is as follows.

Section 121.001 of the Agriculture Code meticulously defines "hemp" in a manner that parallels the elucidation of "marihuana" under the Health and Safety Code, accompanied by the stipulation that any substance containing a THC content of 0.3 percent or lower, when measured on a dry weight basis, shall be deemed lawful. This brings forth a conundrum: in the event a law enforcement officer detects the distinctive aroma of the plant hitherto known as Cannabis sativa L., how can they ascertain whether it meets the aforementioned threshold of 0.3 percent THC content on a dry weight basis? Could it be suggested that submerging the plant in water would thwart on-the-spot analysis by negating a dry weight basis assessment?

Regrettably, state-operated laboratories found themselves inadequately equipped for a paradigm shift from microscopic scrutiny of the plant to quantitative THC concentration testing. The implementation of a testing protocol by Houston's Forensic labs, tailored to this purpose, took over a year to materialize. Of late, the Harris County District Attorney's office has exclusively requisitioned tests for instances involving felony quantities of "marihuana."

This juncture in legal evolution harbors a paucity of established precedents, thereby engendering a climate of uncertainty. Judicial proceedings, encompassing trials and subsequent appeals, will inevitably transpire, contributing to the prospect of eventual legal clarity.

Thus, the question surfaces: does legality pertain to the possession of "marihuana" in the jurisdiction of Texas? A stringent legal interpretation of the term implies that possession of "marihuana" is, indeed, unlawful. Nevertheless, substantiating that an individual held "marihuana" as opposed to hemp might pose a formidable challenge.


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