(a) A peace officer may inspect and collect a reasonably sized sample of any material
from the plant Cannabis sativa L. found in a vehicle to determine the delta-9 tetrahydrocannabinol
concentration of the plant material. Unless a peace officer has probable cause to believe the plant material is marihuana,
the peace officer may not:
(1) seize the plant material; or
(2) arrest the person transporting the plant material.
(b) A peace officer may detain any hemp being transported in this state until the
person transporting the hemp provides the documentation required by Section 122.356. The peace officer shall immediately release the hemp to the person if the person
produces documentation required by that section.
(c) If a peace officer has probable cause to believe that a person transporting hemp
in this state is also transporting marihuana or a controlled substance, as defined
by Section 481.002, Health and Safety Code, or any other illegal substance under state or federal law, the peace officer may
seize and impound the hemp along with the controlled or illegal substance.
(d) This subchapter does not limit or restrict a peace officer from enforcing to the
fullest extent the laws of this state regulating marihuana and controlled substances,
as defined by Section 481.002, Health and Safety Code.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.