Confusion Over Hemp Laws Leads to Arrests

Across Texas, particularly in areas surrounding Dallas, confusion over hemp laws has resulted in multiple arrests and raids on local hemp shops. Products like delta-8 THC and CBD, which are legal under certain conditions, have led to law enforcement actions due to misunderstandings of current hemp legislation.

Recent laws, such as the 2018 federal Farm Bill and Texas' House Bill 1325, legalized hemp containing less than 0.3% delta-9 THC, but newer variants like delta-8 and THCa have created legal gray areas. Some police departments, like those in Allen and Killeen, have conducted raids and made arrests, focusing on high-THC products despite uncertain legality. In contrast, the Dallas Police Department (DPD) seems to be taking a more measured approach, choosing not to arrest individuals for possessing hemp-derived products that test below the legal THC limit.

DPD reports show that while they continue to monitor and test substances, individuals possessing products with legal THC levels are not charged. However, in smaller municipalities, lack of education on hemp laws has led to confusion, with law enforcement sometimes misinterpreting the legal limits.

Texas cannabis attorney David Sergi emphasized the need for more consistent education across the state. He believes that better understanding of the laws will help both law enforcement and business owners navigate the complexities of hemp legislation without unnecessary arrests or business disruptions.

"The goal is to clarify the laws and work together with municipalities and law enforcement," said Sergi. "We want to ensure that everyone understands the boundaries of the law so we can avoid confusion and unjust arrests."

As the state continues to grapple with these legal uncertainties, some cities are exploring ways to limit hemp shop numbers, while advocates push for more clarity and fairness in the enforcement of hemp laws.