Texas has some of the most strict and draconian anti-marijuana laws in the country, down there with Idaho and Mississippi. So it was a surprise when it came to light that arrests for cannabis are down about 50%. Since hemp was legalized.
The storyline here is that prosecutors claim that they can’t prove someone has been arrested with illegal marijuana or legal hemp. Hemp is arbitrarily defined has having .3% THC content, marijuana anything greater. But in court the THC content must be proven, and the state crime labs claim they can tell if THC is present, but not the quantity. So prosecutors drop the cases.
Every legal state, and most medical states, have lab testing built into their laws. At the least, the THC levels are measured. Commonly seen THC levels in retail stores runs from around 13% to 24%, with some cultivars measuring 30%. Some consumers always pick the highest-testing product in the store, and some stores charge more for higher THC levels. Measuring THC levels in cannabis is universal everywhere.
Obviously, if you get arrested for cannabis in Texas simply claim that those joints are hemp, not marijuana. The state is incapable of proving otherwise.