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McKinney Texas Criminal Law Blog

Prosecutors dismiss cases because of inadequate testing

Posted by Matthew Maddox | Jul 03, 2019 | 0 Comments

A new Texas law will make it legal to farm hemp, which is defined as cannabis with less than 0.3% THC. However, there is currently no way to determine how much THC is in a given product. A lack of sufficient testing has resulted in 235 cases being dropped in Tarrant County since June 10. The Dallas County Crime Lab has said that it won't take new cases until the issue is fixed.

A representative from the National Organization for the Reform of Marijuana Laws said that he wouldn't want to proceed with cases that are difficult to prove. The current lack of adequate testing procedures may cause other problems that lawmakers are unable to anticipate. For instance, dogs trained to sniff for marijuana may alert to substances that are legal under state law. The cases that have been dropped could be pursued after testing protocols have been established.

Individuals who are charged or convicted of drug crimes may face a variety of consequences. For instance, an individual may be held in custody after being charged if he or she cannot pay bail or is not allowed to do so. This may make it difficult to retain a job, retain custody of a child or otherwise maintain his or her current lifestyle.

Individuals who are convicted could face many years in prison as well as fines and other penalties. An attorney may take a variety of actions to help a person obtain a favorable outcome in a criminal trial. One such action may be to dispute the accuracy of tests used to determine that an individual possessed or used a controlled substance. This might be enough to get a case dismissed or create enough doubt that a jury will vote to acquit a defendant.

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