16 August 22 - 28, 2024 dallasobserver.com DALLAS OBSERVER Classified | MusiC | dish | Culture | unfair Park | Contents longtime employee were arrested and charged for allegedly selling products with too much THC. And prior to that, there was the raid on Happy Hippies in Little Elm. The shop owner wasn’t arrested, but the raid all but shut down the business. That all involved intoxicating hemp-de- rived substances like delta-8, delta-9 and THCa. However, in Navarro County, they didn’t care if the substance was psychoactive or not. In October 2021, the Navarro County Sheriff’s Office arrested a licensed hemp grower who was only selling CBD, which won’t get you high. The charges were eventually dropped. Here are a couple of examples of how Dallas police have handled hemp cases: Two DPD officers were working the gang unit on July 25, 2023, when they saw a white Volkswagen stopped in the middle of the road impeding traffic. The car eventu- ally pulled over to the side to let people pass, and the two officers pulled up behind it and turned on their emergency lights. The people in the car said their dog had gotten out, which is why they were stopped in the middle of the road. They got the dog back in the car, but it jumped back out, revealing a loaded black Taurus 9mm handgun. This is when one of the people in the car said they had mari- juana on them. The officers found a baggie filled with a green leafy substance and mul- tiple packets of CBD and delta-8 gummies. They also had loose baggies and a scale, which is typically used in the process of sell- ing narcotics, the police report said. One of the people in the car was arrested for possession of marijuana less than 2 ounces and unlawful carrying of a weapon, but neither was charged for having the CBD and delta-8 gummies because their THC content was be- low 0.3% delta-9 THC. DPD general orders in- structs local cops not to cite or arrest people for marijuana possession of 2 ounces or less unless there is evidence of intent to distribute, like scales or baggies. On top of that, the Dallas County District Attorney doesn’t like to prose- cute marijuana possession charges. Earlier that month, a woman was pulled over for speeding in Dallas. The officer in- volved asked the woman to step out of the car so he could search it and found a metallic package with the letters THC plastered all over it. The officer detained the woman, putting her in handcuffs while he completed the search. The packaging said it contained delta-9. “Upon further investigation, it was found that this strain is permissible in the state of Texas, but is still a form of intoxicant,” the police report said. “I took the handcuffs off the [suspect] and did a field release with her citations in hand for the traffic violations.” Not everyone has been so lucky. The police included a report from Jan. 26, 2022, in which a DPD officer observed someone driving without a seatbelt. The officer pulled the driver over, and when he walked up to the vehicle, he could smell marijuana and saw flakes of a green leafy substance in the driver’s lap, according to the police report. He asked the suspect and their passenger to step out of the vehicle so he could conduct a search. The officer found a small jar with a green leafy substance believed to be mari- juana. He also found a black pouch with gummies, which said they contained no more than 0.3% THC. The suspect ex- plained to the officer that he had pur- chased the gummies at a smoke shop and that they were supposed to be legal be- cause of the low THC content. That’s when the officer reached out to his ser- geant for advice on the gummies. “ … due to the gray area of the new version of THC gummies he said to just file the offense,” the police report said. Reached for comment, Kristin Lowman, a spokesperson for the department, said officers receive training on using drug test kits in the field. “The one challenge is ensuring the THC level is a precise amount to detect the substance accurately,” she said. “We send off any hemp to the laboratory to get the official percentage of THC, and if it is above the threshold of 0.3%, then it is considered marijuana.” However, some worry how hemp products are being tested, as there are methods that utilize heat, which can, for example, convert THCa into delta-9 making the products pop hot for too much THC. During their training, DPD officers are taught 12 hours of the state’s health and safety code, which educates them on the most recent laws regarding marijuana possession. Since the passage of state and federal hemp laws, hemp shops have been pop- ping up nearly everywhere. Some cities are even moving to limit the number of these shops in certain locations. But DPD says not much has changed for it since the shops started showing up around town. “DPD has not experienced an increase in illegal marijuana possession related to hemp shops,” Lowman said. “As a police department, we enforce the laws as passed by the Legislature.” She added: “Many times a person possess- ing hemp will have the necessary paperwork to show that it is a legal substance. If there is any doubt of the substance, it is once again sent to a laboratory before any criminal charges are pursued.” David Sergi, a cannabis attorney based in Texas, said law enforcement’s confusion about hemp is more prevalent in rural com- munities and that Dallas seems to be doing things right. “A lot of people are having their lives turned upside down by arrests in smaller municipalities,” he said. The big problem is there’s a lack of education about hemp laws in some parts of Texas. This is why Sergi tries to work with clients and mu- nicipalities on the issue. He said there needs to be a more consistent approach across the state and that will only happen with more education. “We are trying to educate our clients on the appropriate way of selling products, and pur- chasing and storing it, and also trying to work with police departments and city councils so they understand what the limits are and what they can and can’t do,” he said. “We’re taking a lead and being the bloody edge of the tip of the spear and really trying to take the position that we’re not fighting people. We’re pointing out what the law is and asking local municipalities to follow the law.” Unfair Park from p14 Hold on to your stethoscopes! West Coast University-Texas has been nominated as a Best University in the 2024 Best of Dallas awards. VOTE FOR US!