A new Texas law banning several popular synthetic THC products is now in effect. Items such as gummies and vapes that were legal to buy a few days ago could potentially turn into felony cases.

Enforcement and Liability

The law targets synthetic forms of THC commonly sold at hemp shops, including delta-8, delta-10, THCP, and THCA flower. Criminal defense attorney Bobby Barrera said some products such as gummies and vapes are now treated as Schedule I controlled substances under state law.

“Your gummies now have the same criminal liability as cocaine, methamphetamine, heroin, LSD, all of those that we consider dangerous drugs,” Barrera said.

The Bexar County District Attorney’s Office and the San Antonio Police Department told KSAT they plan to enforce the law like any other. The Bexar County Sheriff’s Office said it will do the same, but added it does not plan large-scale enforcement efforts and will continue focusing on violent crime.

Challenges in Enforcement

Barrera said enforcement can be complicated because it may be difficult for officers to tell the difference between legal hemp products and illegal synthetic THC products without lab testing.

“That’s always been an issue with those cases, which is why many jurisdictions don’t bother prosecuting marijuana cases, because they have to lab it,” Barrera said.

Barrera expects arrests could increase, especially in situations where someone is searched during another enforcement action, such as a traffic stop. He also said he believes demand will continue despite the ban.

“It was like prohibition,” Barrera said. ”You can’t take it away from these people. They’re going to continue to use it. Only now it’s a felony.”

Barrera advises residents to check product labels, know what they have, and understand that possession could lead to a felony charge and jail time.

Original reporting: San Antonio, TX News (HLL/CB) — read the source article.