Attorney for possession of marijuana in Austin. This could be the phrase you searched that brought you here. We can certainly help in this difficult time. But in the meantime, here is some good news that could put a stop to the situation you are in today. This past Thursday, the Austin City Council officially approved a resolution aimed at ending both fines and arrests for low-level marijuana possession following the statewide legalization of hemp in June 2019, which caused its own share of chaos due to the plants looking and smelling identical in nature.
The resolution, which passed unanimously with nine votes, directs the Austin Police Department not to spend any city resources on lab tests that are designed to help distinguish legal hemp from marijuana, with the exception of felony cases.
This past summer, Texas state lawmakers officially approved a measure that created an agricultural industry for legal hemp throughout the state. However, the law itself also ended up complicating marijuana prosecutions as well, as it narrowed the overall legal definition of the substance from cannabis to cannabis that contains more than 0.3% THC, which is the psychoactive compound that causes individuals who use marijuana to get high. This ended up causing some district attorneys to drop hundreds of low-level marijuana possession cases and not accept any new ones, as they were arguing that they could not tell if a substance was marijuana anymore without any further lab testing. As a result, new misdemeanor marijuana cases filed by state prosecutors have decreased by over half. Furthermore, numerous state prosecutors require police to submit lab reports on the THC concentration of a substance prior to pursuing any misdemeanor marijuana charges. The argument they claim is that any circumstantial evidence, such as smell, can’t be used any longer to authoritatively claim that a substance is illegal marijuana.
Debate on the resolution lasted under an hour and a half, and of the close to 20 individuals who took the opportunity to speak on the resolution, the only one who spoke out against it was the president of the Austin Police Association. Additionally, one council member was absent, as was the mayor.
A portion of what prompted this specific resolution is that public state labs are still at work establishing methods to test for a substance’s THC concentration when at the present time, they are only able to tell if a substance is cannabis. In some Texas cities and counties, this has resulted in investing more money into shipping seized cannabis to private labs so that it can be tested in order to determine whether it’s marijuana or legal hemp.
Individuals continue to be arrested and/or cited even in areas where police lack or aren’t spending money on this kind of testing, as well as new cases not being accepted by prosecutors. Additionally, they are still taken to jail, only to later be released with no charges being pursued against them. Furthermore, the Austin Police Department states that this month, they are still arresting and/or citing people who are suspected of being in possession of marijuana. This is something that is now changed thanks to the resolution that has been passed. Additionally, a revised version of the passed measure also now specifies that the measure will also not affect toxicology testing.
Attorney for possession of marijuana in Austin. As mentioned earlier, could be the phrase you searched that brought you here. Why this is still illegal baffles even conservative prosecutors in Texas. Yet, this is still a crime! Possession of Marijuana is a common drug offense and the level of the offense changes depending on how much a person has in their possession.