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July 5th, 2019:

Did the Lege sort of decriminalize marijuana?

Well, sort of.

Because of a new state law, prosecutors across Texas have dropped hundreds of low-level marijuana charges and have indicated they won’t pursue new ones without further testing.

But the law didn’t decriminalize small amounts of marijuana for personal consumption. It legalized hemp and hemp-derived products, like CBD oil.

An unintended side effect of the law is that it has made it difficult for law enforcement to tell if a substance is marijuana or hemp, according to prosecutors. Among other provisions, House Bill 1325 changed the definition of marijuana from certain parts of the cannabis plant to those parts that contain a higher level of tetrahydrocannabinol, the psychoactive ingredient in marijuana that produces a high. It’s a difference numerous district attorneys, the state’s prosecutor’s association and state crime labs say they don’t have the resources to detect, weakening marijuana cases where defendants could claim the substance is instead hemp.

“The distinction between marijuana and hemp requires proof of the THC concentration of a specific product or contraband, and for now, that evidence can come only from a laboratory capable of determining that type of potency — a category which apparently excludes most, if not all, of the crime labs in Texas right now,” stated an advisory released by the Texas District and County Attorneys Association last month.

A spokesperson for the Texas Department of Public Safety, which runs more than a dozen state crime labs to conduct forensic testing, including drugs, for local agencies said it does not have equipment, procedures or resources to determine the amount of THC in a substance. Some involved in the hemp legislation have countered that there is already available equipment to test suspected drugs, even if it isn’t in most crime labs.

Still, top prosecutors from across the state and political spectrum — from Harris to Tarrant counties — have dismissed hundreds of pending marijuana charges since the law was signed by Republican Gov. Greg Abbott and immediately went into effect on June 10. They have also signaled they won’t pursue any new charges without testing a substance to indicate if there is more than 0.3% of THC, the now-legal limit to distinguish between hemp and marijuana.

“In order to follow the Law as now enacted by the Texas Legislature and the Office of the Governor, the jurisdictions … will not accept criminal charges for Misdemeanor Possession of Marijuana (4 oz. and under) without a lab test result proving that the evidence seized has a THC concentration over .3%,” wrote the district attorneys from Harris, Fort Bend, Bexar and Nueces counties in a new joint policy released Wednesday morning.

So basically, some counties are now refusing to accept low-level pot cases out of concern that they would not be able to prove them at this time; Harris County is one of them. Others will carry on as usual and see what happens, while DPS is now pushing to get the lab equipment they would need to adjust to this change. I think in the end that the prosecutors will figure out how to adjust to this, and at some point the lab equipment will catch up, so in a few months things will return more or less to normal. I mean, I’d be happy if they all just decided this was a better state of affairs and adopted the stance that this change was permanent. But that’s not going to happen.

CM Steve Le not running for re-election

We have another open seat, in District F.

Steve Le

Steve Le

Houston City Councilman Steve Le announced Wednesday he will not seek a second term in November, leaving an open race for his District F seat and ensuring the southwestern district will get a new representative for the fourth straight election.

Le, a physician who practices in Cleveland, narrowly defeated incumbent Richard Nguyen in 2015, winning a runoff by about 230 votes, or 3 percentage points. He had drawn five opponents — including Nguyen — before deciding not to run again.

Le was seen as one of the most vulnerable incumbent council members seeking re-election.

Citing questions and a city investigation into the work habits and time cards of his former chief of staff, Daniel Albert, constituents and neighborhood leaders had called on Le to fire Albert and resign his seat.

[…]

Le also faced residency questions upon taking office, as he had more formal links to a home in Kingwood than to the district address he listed in Alief. His business was registered at the Kingwood property, he was one of five people listed on the deed of trust for the property, and he, at the time, registered three of his four vehicles at that address.

Le did not return calls for comment Wednesday. In a statement to KPRC, he said he plans to return to his medical practice, and pointed to several accomplishments, contending the district’s infrastructure improved during his tenure.

“My goal when running for election was to work with the mayor and current council to implement changes that would benefit the residents of Houston, be fiscally responsible with our budget, improve street and drainage conditions of District F, (and) increase public safety,” the statement said.

In addition to Nguyen, candidates Anthony Nelson, John Nguyen, Tiffany Thomas and Jesus Zamora are seeking to represent the southwest Houston district that covers parts of Alief, Eldridge-West Oaks, Sharpstown and Westchase.

Van Huynh, Le’s chief of staff, said Wednesday he, too, will run for the seat, and has filed a report with the city secretary’s office designating a campaign treasurer.

See here for some background; Le did eventually fire Albert. To be sure, other District F Council members have had questions about their residency before, including MJ Khan and Al Hoang. For whatever the reason, that does not seem to be an obstacle to getting elected in F. Someone can correct me if I’m wrong, but I think Le is the first member of Council to not run for re-election when able to do so since Peter Brown ran for Mayor instead of a third term in At Large #1 in 2009. Chris Bell did the same thing in 2001. Off the top of my head, I can’t think of a recent Council member who stepped down without running for something else. Feel free to fill in the blank if you can.

As always, you can see an up-to-date list of candidates in Erik Manning’s spreadsheet. I guess I need to get an Election 2019 page going, as June finance reports will be coming in. As for the cast in District F, I know Tiffany Thomas and former CM Richard Nguyen; I’m Facebook friends with Anthony Nelson but haven’t met him. Le’s departure may lead to more candidates entering, but if there’s one thing this election has not lacked, it’s candidates.

Uber’s vision for the future

I feel like this is more wishcasting than real planning. Still, some of it may happen, and if nothing else we should be aware of what it’s all about.

When Uber envisions the future, it not only wants to put urban air taxis and drones in the skies. It also wants to transform how people navigate cities and how they live in them.

Uber CEO Dara Khosrowshahi said the San Francisco-based tech company wants to turn today’s cities that are getting denser and more polluted into “cities of the future that are fundamentally green and built for people.” To do that, he said, cities need transportation options that range from cruising down the street on an electric scooter to commuting through the skies.

“We want not just to be the Amazon of transportation but also the Google of transportation,” he said.

One of the first places Uber wants that to play out is Dallas-Fort Worth: It’s one of the first three markets for Uber Elevate, an initiative to launch the aerial ride-sharing service.

[…]

Uber gave a progress report and made splashy announcements at its third annual Uber Elevate Summit. It announced the first international market for the air service: Melbourne, Australia. It revealed that Uber Eats is working with McDonald’s to deliver Big Macs and fries by drone. It touted the progress of six aviation companies that are designing the aircraft. And it dived into specifics, such as economics, safety and FAA-required certification. It showed off its different modes of transportation, from its new self-driving Volvo SUV to electric scooters.

Through splashy presentations and showroom floor exhibits, Uber and its business partners tried to build the case that urban air taxi service is not a far-fetched idea but one that’s coming to fruition.

Uber went public in May. The tech giant’s growth has been fueled by venture capital, but it is spending billions of dollars and has yet to turn a profit. That hasn’t slowed development of its aerial ride-sharing service. It expects to start flight demonstrations next year and launch commercial service in a few cities, including Dallas, in 2023. Eventually, it wants the urban air taxis to become autonomous.

Mark Moore, Uber’s director of engineering for vehicle systems, said he’s already seen some of the aircraft take flight. He declined to name the companies that are flight testing, saying they’re keeping quiet for competitive reasons.

“It’s incredibly impressive,” he said. “They’re nothing like helicopters.”

We first heard of Uber Elevate back in 2017. They had a goal at that time of rolling out a demo in 2020, so as far as their public pronouncements go, they’re on schedule. There re other operators in this space, one at Texas A&M that is working on flying motorcycles, with a test date of 2020, and a different kind of flying vehicle, based on battery power, that is farther away from reality. Beyond those two, we’ll just have to take Uber at their word that there are other companies testing prototypes now.

The challenges are not just technical.

Moore said the next four years will focus on demonstrations that “prove out the safety, noise and performance” of the vehicles.

In 2023, he said it will launch to paying customers in Dallas — but with a limited number of vehicles and limited operations. He said he expects five aircraft per manufacturer at launch. That will grow to about 50 per manufacturer in 2024. But, he said, some manufacturers may not be ready in time.

In Dallas, the average trip is expected to be 20 to 25 miles, Moore said.

But one of the major questions is whether Uber can win over regulators and the public. Unlike other tech innovations, early adopters won’t just use a new kind of technology. They’ll fly in public, so that affects the people driving, walking or living on the ground below, whether or not they choose to opt in.

[…]

“Uber is obsessed with making these vehicles as quiet as possible,” he said.

The Federal Aviation Administration’s acting administrator, Dan Elwell, said he’s enthusiastic about urban air taxis but acknowledged that their development gives him more to worry about.

“Everyone is riveted by this, especially me, but then I put on my FAA regulator hat and I got a whole new bucket of stuff to lose sleep over,” he said in a speech at the summit. “What you see is the ideal way to transporting people across cities. When I look at it, I see car-sized vehicles with multiple rotors hanging over dense urban populations.”

All that was discussed in the first Uber Elevate link I posted above. Noise is also a concern – much is done to abate highway noise for residences, but the only way to do that for aerial vehicles is to make the vehicles themselves as quiet as possible. How t ameliorate the “death from above” concerns, well, that’s going to be a key question. All this from a company that burns money faster than 747s burn jet fuel. I’ll keep an eye on this, but don’t be surprised if the next major update is that the timelines have been pushed back.