Houston Chronicle by Eric Dexheimer Feb. 27, 2020
A legislative snafu got this pot case dismissed. Many others could follow
What if lawmakers writing one of the most consequential laws to come out of last year’s legislative session, legalizing hemp in Texas, forgot to include a small, but crucial detail that could get your marijuana possession charges dropped?
That’s what happened last week, after a Brazos County court judge concluded the new law omitted a date typically included in state crime legislation. As a result, misdemeanor charges against a Texas A&M University student arrested on the day of his 2018 college graduation were summarily tossed.
The decision is the latest stumbling block that Texas’s nine-month-old hemp law has presented for police and prosecutors committed to pursuing low-level marijuana possession cases. Although the decision does not bind other judges, attorneys said the successful tactic had the potential to change the course of hundreds of pending cases across the state.
Anderson added he didn’t think there were many old cases to which the new law could be applied retroactively. Greening said he’s not so sure. He said his office alone had three dozen possession cases filed before the new hemp law went into effect last June.
“I have no idea how many old cases are pending,†Edmonds said. “Hundreds? Thousands?â€
More:
https://www.houstonchronicle.com/news/houston-texas/article/A-legislative-snafu-got-this-pot-case-dismissed-15089661.php
