Start calling it Cannabis. Tell your clients, friends, family, and everyone you know to call it cannabis. Think about cannabis being legal until the state proves it is not. Object and file a motion in limine for the State of Texas and all their witnesses from calling it marijuana (other than reading the charging instrument) until the Judge admits scientific testing. Marijuana is a legal conclusion based on scientific testing.
Don’t forget about intent! Did your client intend to possess hemp or have no clue what they possessed? If they did not buy it from a legitimate dispensary in a legal State, then they have no idea whether it is legal or illegal cannabis.
Cannabis, whether it is legal hemp or illegal marijuana, is the same plant.
There is the smell of cannabis. Why is the smell of cannabis probable cause if it can just as easily be legal/illegal?
There is also no standardized methodology for testing cannabis. Each lab tests cannabis using its own methodology. (1% testing developed across the country because many crime labs can’t do quantitative testing with high-performance liquid chromatography or gas chromatography with a flame ionization detector).
Did they test a couple of grams from a few different pounds? They did not test all of it. Object to any extrapolation that the entire amount not tested is also illegal cannabis. Tetrahydrocannabinol levels are not consistent throughout the plant.
Texas Department of Public Safety states that their testing doesn’t distinguish between hemp and marijuana.
The Texas Department of Public Safety can only test oils and vape cartridges. The test results will include the following language: The substance is reported as “Contains delta-9-THC (per HSC Chapter 481.103: delta-1-tetrahydrocannabinol)” with the following result note: “The concentration of delta-9-tetrahydrocannabinol (THC) was determined to be above the laboratory’s administrative threshold of 1% THC. The laboratory is unable to determine if the reported tetrahydrocannabinol is derived from marihuana, hemp, or was synthetically produced.”
Tampering with evidence, unlawful carrying a weapon, possession of drug paraphernalia, or any other crimes that allege marijuana as an element require the state to prove the cannabis is marijuana.
If you have been charged with a marijuana-related offense in Dumas, Texas, call Adam Tisdell at (806) 808-0292 or contact us through our forms today for a free consultation.
