Hemp Law Creates Problems and Opportunities
When Gov. Greg Abbott signed a bill legalizing the growing of hemp in Texas, he created problems for law enforcement agencies. Federal law defines hemp as having less than .3 percent THC (the active ingredient in marijuana). While the tests currently used by law enforcement in Texas can detect the presence of THC, those tests cannot determine the amount of THC.
As a result, law enforcement officials have stopped prosecuting some marijuana cases because they have insufficient evidence under the new law. An advisory released by the Texas District and County Attorneys Association in June stated:
The distinction between marijuana and hemp requires proof of the THC concentration of a specific product or contraband, and for now, that evidence can come only from a laboratory capable of determining that type of potency — a category which apparently excludes most, if not all, of the crime labs in Texas right now.
While the new law is creating problems for police and prosecutors, it is also creating an opportunity for those who believe that individuals should be free to ingest the products of their own choosing, whether it be experimental cancer drugs, raw milk, or marijuana.
A bill that would decriminalize marijuana passed the Texas House earlier this year, but Lt. Gov. Dan Patrick prevented the bill from being considered by the Senate.
It will likely cost laboratories millions of dollars to upgrade equipment to meet the requirements of the new law. With the majority of Texans supporting decriminalization of marijuana, spending that money in order to prosecute someone with a few joints is absurd. But the fundamental argument for legalizing marijuana is moral.
Each individual has a moral right to consume the products of his choosing. It is his life, and he has a moral right to live it as he chooses, for better or worse.
In principle, if the government can prohibit us from consuming certain products, then there is virtually no aspect of our life that is beyond government control.
Certainly, some products are destructive by their very nature. But government cannot force individuals to be rational and make wise choices. It can only create the social conditions necessary for individuals to be rational. And that means protecting the freedom of each individual to act as he judges best, so long as he respects the freedom of others to do the same.
Legalizing marijuana is not the most important issue facing Texas. But it would be a step in the direction of more freedom, and that is always the proper direction to move.