San Antonio residents Fabian Ochoa and Tiffany Rosales were arrested in their driveway on January 30 after police suspected them of possessing illegal THC products. However, the couple claimed the substances were legally obtained. According to KSAT, charges were dropped about three hours after the arrest. Cell phone footage recorded by Rosales captured Ochoa telling police, "I told him ‘We just went to the smoke shop, I got THCa." Officers did not conduct validation testing or contact a supervisor.
San Antonio police attempted to pull over a vehicle for a turn signal violation around 6:45 p.m. When they approached the car, parked in a driveway, officers reported smelling marijuana and seeing smoke. This led to the arrest of the occupants, Ochoa and Rosales. However, the two claimed the substance was tetrahydrocannabinolic acid, a cannabinoid that looks similar to marijuana but remains legal under state law as long as delta-9 THC levels stay below 0.3%. Their claim was supported by labeled baggies verifying the contents, as per Cannabis Law Report.
The incident is now part of Texas' broader debate over hemp products, as lawmakers, led by Lieutenant Governor Dan Patrick, advance Senate Bill 3 to potentially ban consumable THC statewide. Cynthia Cabrera, president of the Texas Hemp Business Council, warns that the ban could push consumers to the unregulated black market, stating, "So, that would absolutely endanger Texans because it is the fact that we have a regulated program in the state that means people don’t have to go out of state." She is leading an educational campaign against the bill, saying, "It's just going to be a grind. We're just going to have to do the work." As discussions continue, advocates, including Rosales and Ochoa, await the outcome of the legislation, as stated by KSAT.
