Hemp vs. Marijuana
Hemp vs. Marijuana is the focus of every county / district attorney in the state of Texas, Robertson County DA Coty Siegert is just one of the state of Texas prosecutors that has this very difficult issue to contend with. He is not alone, any judicial entity, from a Municipal Judge on up the line to that of a District Judge will have to find a way to work with the new law handed down on June 6, 2019 by the Texas Legislature.
Known as the Hemp Production Plan which was designed and intended to open the Texas Agricultural industry to what is expected to be a $1.65 billion dollar boost in farming for the nation by 2021, had a hiccup in the language that has forced the hands of local prosecutors.
The language that has caused the flurry of attention, both nationally and locally is from CHAPTER
121. STATE HEMP PRODUCTION PLAN
Sec. 121.001. DEFINITION. In this chapter, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.
Hemp is a variety of the cannabis genus, as is marijuana, but the two plants are distinctly different. Hemp grows tall and spindly, while marijuana is shorter and densely packed. More importantly, hemp has nominal amounts of THC, the psychoactive compound that caused cannabis to become illegal during the Depression era.
With the definition added to the law, anyone arrested for Marijuana would be allowed to ask for proof that what in fact they were arrested for be tested and proven beyond a reasonable doubt that the plant was Marijuana and not the legal version of the plant, Hemp.
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