Hays County DA Issues Response To House Bill 1325

Staff Reports

On Tuesday, the Hays County District Attorney’s Office released a statement regarding House Bill 1325, the Hemp Regulation law.

According to District Attorney Wes Mau, HB 1325 did not legalize possession or distribution of small amounts of marijuana in Texas.

Mau said, “The Hays County Criminal District Attorney’s Office (HCDA) will continue to accept marijuana possession and distribution cases from law enforcement and will continue to deal with those cases as justice requires, as well as any additional charges under the new law.”

According to HB 1325, the bill established a regulatory plan for production and cultivation of hemp, which is defined as the plant, Cannabis sativa L., containing less than 0.3 percent delta-9 tetrahydrocannabinol (THC), the main psychoactive ingredient of marijuana.

Mau said, “These regulations include new offenses and penalties for handling hemp in violation of the new law. These new offenses include transportation of hemp without proper documentation or failing to provide that documentation upon request of a law enforcement officer. If facts justifying prosecution under the new statute arise, the HCDA will prosecute those cases as well.”

Mau said as with all criminal cases, if forensic testing is necessary before a prosecution can go forward, the HCDA will examine the need for the testing against the time, money and resources required to obtain the test results, and proceed as appropriate on a case by case basis.