If Texas were to ban or regulate THC, crime labs say they would need more resources

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As Texas lawmakers debate whether to regulate or ban THC products, officials with the state’s crime labs say they don’t have the resources currently to enforce whatever law is passed.

“From a crime lab perspective, mercifully, we don’t have a dog in that fight. I really don’t care. Just tell me what I need to test, and then I need resources to be able to provide that result,” Peter Stout, president and chief executive officer for the Houston Forensic Science Center, told The Texas Tribune after he testified before the House Public Health Committee on Wednesday. “Otherwise, I become the reason the wheel falls off this wagon, which has basically been the last six years now.”

Wednesday’s committee hearing centered on House Bill 5, which would create a blanket ban on products containing any “detectable amount of any cannabinoid” other than cannabidiol and cannabigerol, better known as CBD and CBG, non-intoxicating components of cannabis. This bill would eliminate the majority of hemp products, including those that are legal under the federal definition.

”There’s been countless reports of artificial and synthetic cannabinoids and their effects on the consumer, and these products have become readily available,” said Rep. Gary VanDeaver, R-New Boston, the committee’s chair and HB 5’s author. “Some of these products are marketed in a way that is attractive to children, for example common food products, like candy.”

The Senate’s version of the bill also calls for a ban, but since Gov. Greg Abbott earlier this year vetoed similar legislation that would have banned THC, some lawmakers have signaled they’d support more regulations over a ban.

Kim Carmichael, spokesperson for House Speaker Dustin Burrows, R-Lubbock, told The Texas Tribune that the House hasn’t committed to a ban.

“HB 5 was filed as a similar bill to what the House passed in the regular session, because that’s the most logical starting point for negotiations,” Carmichael said. “Since it passed in that form, members believed they should resume debate where it ended up. It would still go through the process of a public hearing and floor debate, so where it ends up is unknown at this time.”

Experts invited by lawmakers on Wednesday to talk about THC largely focused on the health dangers of THC, the possible criminal networks that underlie the industry, and the impossible task of enforcement.

Alice Amilhat, assistant chief of the crime laboratory division for the Texas Department of Public Safety, told lawmakers the DPS crime lab is equally overwhelmed with requests, and no matter what lawmakers decide, it will be an expensive process.

“I don’t have a financial statement for you, but if a ban goes through, the testing process will be easier, but the problem is we just don’t know if the caseload will increase as well,” she said. “We don’t know how many cases will come in, we don’t know how many seizures, we don’t know how much law enforcement will need our support.”

Crime labs in Texas have found themselves in a no-win situation on how to regulate THC. If a ban goes through, testing will be relatively easy because all crime labs need to determine is if there’s THC in the substance, but it will still mean more cases for them. Not banning, but regulating THC will also drive their caseloads up and the testing process can become more expensive and time-consuming if they have to spend time trying to detect permissible amounts of THC in substances. Both scenarios are unsustainable for crime labs, which are battling deadlier drugs, with the current resources they have.

“There are only 266 licensed drug chemists in the state and only 15,000 nationwide,” Stout told lawmakers. “I’m paying attention to fentanyl, and when you guys get it figured out (with THC), then I will invest in equipment and other stuff for testing.”

Stout said crime labs across the state have backlogs on cases that reach hundreds to thousands deep, and compared to sexual assault and firearms cases, THC testing will be a lower priority.

“I’ve been pretty vocal that I’ve not made the investments to test hemp in Houston at the scale that we probably would need to, because I can’t keep up simply with the pills that have fentanyl,” he told the Tribune. “So yeah, I’m going to prioritize the fentanyl before hemp, and every dollar I spend on testing drugs is a dollar I don’t have to spend on testing a sexual assault kit.”

DPS handles about half of the forensic work in the state, and municipal, county, or regional labs handle the rest. Each has its source of funding that can be inconsistent, but none of it is enough, according to crime labs.

Stout said the average crime lab across the country gets around $600 in funding per case, when laboratories probably need $2,500 in funding per case to cover personnel, time, and equipment. He said that, beyond the money problem, the time-consuming nature of training is a concern, and there is no pool of licensed drug chemists waiting for a job.

“We have under-resourced forensic laboratories for so long, there is no pipeline or workforce,” he said. “The people aren’t there, and the money is not there.”

The ongoing challenges at crime labs have resulted in cases taking years to resolve. Crime labs have no control over their workload — whatever substance or case law enforcement decides to focus on will impact crime labs, whether they are ready for it or not.

“Okay, guys, you also need me to answer you on that sexual assault kit and that homicide, which ones do you want me to do first?” Stout said. “Because we can’t afford to do them all. Help me out here.”

Stout said crime labs need more money and time.

“And I get that is exactly the wrong answer, that nobody wants to hear. They want to give us a big pot of money and go on to other things, but it doesn’t work that way,” he said.

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