Montgomery County creates fund for hemp testing

Montgomery County District Attorney Brett Ligon speaks on the recently passed House Bill 1325, which addresses the use of hemp, during a Montgomery County Commissioners Court meeting at the Alan B. Sadler Commissioners Court Building, Tuesday, July 9, 2019, in Conroe. less Montgomery County District Attorney Brett Ligon speaks on the recently passed House Bill 1325, which addresses the use of hemp, during a Montgomery County Commissioners Court meeting at the Alan B. Sadler ... more Photo: Jason Fochtman, Houston Chronicle / Staff Photographer Photo: Jason Fochtman, Houston Chronicle / Staff Photographer Image 1 of / 5 Caption Close Montgomery County creates fund for hemp testing 1 / 5 Back to Gallery

Montgomery County commissioners agreed to establish a fund to address lab testing in light of the recently enacted House Bill 1325 that allows for the legal cultivation of hemp in Texas.

Governor Gregg Abbott signed House Bill 1325 into law June 10. However, while the bill sets forth guidelines for growing, selling and transporting industrial hemp, its threshold of .3 percent of tetrahydrocannabinol — the psychoactive constituent of cannabis — has created a gray area for law enforcement and prosecutors.

Currently, field tests performed by law enforcement cannot differentiate between hemp and marijuana and do not provide a percentage of THC. Additionally, crime labs, including the Texas Department of Public Safety, don’t always have the capability to provide a percentage of THC.

Montgomery County District Attorney Brett Ligon said last week that while some district attorneys in the state are dropping cases and no longer prosecuting misdemeanor marijuana case due to the bill, his office is continuing prosecution of all marijuana cases. He was quick to note Montgomery County is “not overrun with marijuana.”

Ligon said under the plan, those who claim the substance they have is hemp would submit to a private lab for testing. The cost would be a total of $190 for the test and the certification which would then be paid by the offender through court costs.

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“The county will recover its money,” he said.

Ligon said he would provide $10,000 from asset forfeiture funds and requested the court match that.

Precinct 3 Commissioner James Noack said he supported Ligon’s office and law enforcement and offered to pay the $10,000 Ligon requested from his budget.

“I’m old fashion and I still believe it is a gateway drug,” Noack said.

Budget Officer Amanda Carter suggested the fund be taken from the county contingency fund.

The court approved the creation of the account unanimously.

cdominguez@hcnonline.com