A recent change to Texas’ THC rules is raising questions about how law enforcement can distinguish between products that are legal and those that are controlled substances.
The change took effect on July 31, with forms of THC such as delta-8 now considered controlled substances. Hemp products containing legal levels of delta-9 THC can still be sold in Texas.
That distinction has raised concerns among members of the hemp industry about how the rules will be enforced when an officer encounters a THC product in the field.
“If someone had a gummy, how would they do a field test to determine what type of THC is in it?” asked Cynthia Cabrera, president of the Texas Hemp Business Council.
KVUE took that question to the Austin Police Department.
Sgt. Steve Hawkins, who works with APD’s narcotics unit, said patrol officers do not have field test kits available to determine on scene what a product contains. Instead, Hawkins said a questionable product would have to be submitted for laboratory testing.
“It would get assigned to somebody. My unit, we would request the lab test it, and then the lab would tell us if it’s delta-9 or delta-8 or whatever cannabinoid it could be,” Hawkins said. “The lab cannot tell us what concentration level it is, though.”
What happens to a person found with a questionable product depends on the circumstances.
Hawkins said if an officer does not have probable cause to make an arrest, the product could be submitted for testing while the person is released. APD could continue investigating, and charges could potentially be filed later depending on the results of the investigation.
APD has not changed its policy in response to the new rule. Hawkins said officers are being told to follow existing law, department policy and city ordinance. Officers can also contact the department’s narcotics unit if they have questions.
Meanwhile, Cabrera is also raising concerns about whether consumers are aware of the change. She said some Texans may not realize that a product they previously purchased legally could now contain a controlled substance.
“People should demand better from their legislators and lawmakers than this kind of situation, where people could end up in jail on a felony without even knowing why or with no notice. So I think Texans should demand better, and I hope that they get it,” Cabrera said.