Austin cops won’t take cannabis in hemp packaging

Hemp flower, extracts and other smokable forms of cannabis are no longer allowed to be sold in Texas as of March 31.

The change comes less than a month after the Department of State Health Services adopted sweeping new regulations for the state's booming hemp industry.

But the new rules only apply to retailers and manufacturers. State law hasn't changed, meaning possession of smokable hemp products remains legal.

So what happens if Austin police find someone in possession of smokable hemp products, especially now that more people are ordering these products from out of state?

A senior police official said enforcement practices have not changed.

"It's a very tricky thing," said Lt. Patrick Eastlick, who oversees APD's Tactical Intelligence Division. "No one, an officer or even anyone highly trained, can tell the difference between the plant material to be able to distinguish between hemp and marijuana."

Hemp is a legal term used to describe cannabis with less than 0.3% Delta-9 THC, the plant's primary psychoactive ingredient. Anything above that is limit is considered illegal marijuana.

But cannabis contains dozens of other mind-altering compounds, including THCA, which occurs in much higher amounts and converts to Delta-9 when heated or smoked.

The new state regulations change how THC levels are counted by redefining THCA as 88% Delta-9. This new "total THC" calculation effectively bans most smokable hemp products, which industry estimates say make up about half the Texas market.

Eastlick says APD officers rely on product packaging to distinguish legal hemp from illegal marijuana.

If someone has the packaging showing Delta-9 THC content under 0.3%, they can keep it. If not, officers may confiscate the product.

With marijuana, Austin police typically don't file charges for small amounts unless narcotics felonies or violent crimes are involved.

"For just a small amount of marijuana or hemp that we're not able to determine, they're just gonna be seized and disposed of through our policies and procedures," Eastlick said.