“I’m going to prioritize the fentanyl earlier than hemp, and each greenback I spend on testing medication is a greenback I don’t need to spend on testing a sexual assault package.”
By Stephen Simpson, The Texas Tribune
As Texas lawmakers debate whether or not to control or ban THC merchandise, officers with the state’s crime labs say they don’t have the assets at present to implement no matter regulation is handed.
“From against the law lab perspective, mercifully, we don’t have a canine in that combat. I actually don’t care. Simply inform me what I want to check, after which I want assets to have the ability to present that outcome,” Peter Stout, president and chief govt officer for the Houston Forensic Science Heart, informed The Texas Tribune after he testified earlier than the Home Public Well being Committee on Wednesday. “In any other case, I turn out to be the explanation the wheel falls off this wagon, which has principally been the final six years now.”
Wednesday’s committee listening to centered on Home Invoice 5, which might create a blanket ban on merchandise containing any “detectable quantity of any cannabinoid” apart from cannabidiol and cannabigerol, higher generally known as CBD and CBG, non-intoxicating elements of hashish. This invoice would eradicate nearly all of hemp merchandise, together with these which might be authorized beneath the federal definition.
”There’s been numerous studies of synthetic and artificial cannabinoids and their results on the buyer, and these merchandise have turn out to be available,” mentioned Rep. Gary VanDeaver, R-New Boston, the committee’s chair and HB 5’s writer. “A few of these merchandise are marketed in a means that’s enticing to kids, for instance widespread meals merchandise, like sweet.”
The Senate’s model of the invoice additionally requires a ban, however since Gov. Greg Abbott (R) earlier this yr vetoed related laws that might have banned THC, some lawmakers have signaled they’d help extra laws over a ban.
Kim Carmichael, spokesperson for Home Speaker Dustin Burrows, R-Lubbock, informed The Texas Tribune that the Home hasn’t dedicated to a ban.
“HB 5 was filed as the same invoice to what the Home handed within the common session, as a result of that’s probably the most logical start line for negotiations,” Carmichael mentioned. “Because it handed in that kind, members believed they need to resume debate the place it ended up. It will nonetheless undergo the method of a public listening to and flooring debate, so the place it finally ends up is unknown at the moment.”
Consultants invited by lawmakers on Wednesday to speak about THC largely centered on the well being risks of THC, the potential legal networks that underlie the business, and the inconceivable activity of enforcement.
Alice Amilhat, assistant chief of the crime laboratory division for the Texas Division of Public Security, informed lawmakers the DPS crime lab is equally overwhelmed with requests, and it doesn’t matter what lawmakers resolve, will probably be an costly course of.
“I don’t have a monetary assertion for you, but when a ban goes via, the testing course of might be simpler, however the issue is we simply don’t know if the caseload will enhance as effectively,” she mentioned. “We don’t know what number of instances will are available in, we don’t know what number of seizures, we don’t understand how a lot regulation enforcement will want our help.”
Crime labs in Texas have discovered themselves in a no-win state of affairs on easy methods to regulate THC. If a ban goes via, testing might be comparatively simple as a result of all crime labs want to find out is that if there’s THC within the substance, however it’s going to nonetheless imply extra instances for them. Not banning, however regulating THC may also drive their caseloads up and the testing course of can turn out to be costlier and time-consuming in the event that they need to spend time attempting to detect permissible quantities of THC in substances. Each eventualities are unsustainable for crime labs, that are battling deadlier medication, with the present assets they’ve.
“There are solely 266 licensed drug chemists within the state,” Stout informed lawmakers. “I’m listening to fentanyl, and whenever you guys get it discovered [with THC], then I’ll spend money on gear and different stuff for testing.”
Stout mentioned crime labs throughout the state have backlogs on instances that attain lots of to 1000’s deep, and in comparison with sexual assault and firearms instances, THC testing might be a decrease precedence.
“I’ve been fairly vocal that I’ve not made the investments to check hemp in Houston on the scale that we in all probability would wish to, as a result of I can’t sustain merely with the capsules which have fentanyl,” he informed the Tribune. “So yeah, I’m going to prioritize the fentanyl earlier than hemp, and each greenback I spend on testing medication is a greenback I don’t need to spend on testing a sexual assault package.”
DPS handles about half of the forensic work within the state, and municipal, county, or regional labs deal with the remaining. Every has its supply of funding that may be inconsistent, however none of it’s sufficient, in line with crime labs.
Stout mentioned the typical crime lab throughout the nation will get round $600 in funding per case, when laboratories in all probability want $2,500 in funding per case to cowl personnel, time, and gear. He mentioned that, past the cash drawback, the time-consuming nature of coaching is a priority, and there’s no pool of licensed drug chemists ready for a job.
“Now we have under-resourced forensic laboratories for therefore lengthy, there isn’t any pipeline or workforce,” he mentioned. “The individuals aren’t there, and the cash is just not there.”
The continuing challenges at crime labs have resulted in instances taking years to resolve. Crime labs haven’t any management over their workload—no matter substance or case regulation enforcement decides to give attention to will affect crime labs, whether or not they’re prepared for it or not.
“Okay, guys, you additionally want me to reply you on that sexual assault package and that murder, which of them would you like me to do first?” Stout mentioned. “As a result of we will’t afford to do all of them. Assist me out right here.”
Stout mentioned crime labs want extra time and money.
“And I get that’s precisely the flawed reply, that no one desires to listen to. They need to give us a giant pot of cash and go on to different issues, but it surely doesn’t work that means,” he mentioned.
This text initially appeared in The Texas Tribune at https://www.texastribune.org/2025/08/13/texas-crime-labs-THC-hemp-ban-regulations/.
The Texas Tribune is a member-supported, nonpartisan newsroom informing and interesting Texans on state politics and coverage. Be taught extra at texastribune.org.
Photograph courtesy of Kimzy Nanney.