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By Kate Plummer
Senior US News Reporter
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A Texas district attorney could face a prison sentence for livestreaming herself smoking marijuana to protest a proposed ban on weed-associated products.
Sarah Stogner, a Republican district attorney for Texas's 143rd Judicial District, said she bought the marijuana from New Mexico, where it is legal to do so and transported it to Texas to smoke outside her home in Ward County to make a point.
In doing so, she could be arrested on a misdemeanor possession charge.
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Stogner told Newsweek that she wasn't concerned about being prosecuted because, as a district attorney, she has jurisdiction in the area she smoked in and because juries don't want to prosecute those who possess or even deal marijuana.
"I did this to raise attention," she said. "Its silly that our elected officials want to completely ban THC when that's not what our constituents want."
Why It Matters
Stogner's action follows a sustained conflict about whether to permit certain cannabis products in Texas. THC is an $8 billion industry in Texas, and a number of experts say the drug is beneficial for medicinal reasons. Others warn of safety concerns about the use of THC.
In June, Texas Governor Greg Abbott vetoed a proposed ban on cannabis-derived compounds, tetrahydrocannabinol (THC) products.
However, similar legislation is to be mooted in a special session item in the state Senate, after it passed the House on Friday. It would ban the sale of products containing THC but would allow the sale of other cannabinoids.
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What To Know
Possessing cannabis in Texas is classed as a Class B misdemeanor. This carries up to 180 days in prison and up to a $2,000 fine.
Transporting cannabis across state lines also carries a potential $250,000 fine or a five-year prison sentence, according to the Drug Enforcement Agency.
In her video, Stogner addressed Lieutenant Governor Dan Patrick, a proponent of banning marijuana. She also posted an image of her smoking marijuana on X and directed it to Patrick, whom she called on to "free the plant."
Stogner told The New York Times she lined up a defense lawyer and alerted the local district judge before her stunt.
What People Are Saying
Matthew Mangino, a former district attorney in Lawrence County, Pennsylvania, told Newsweek: "I don't see Sarah Stogner getting prosecuted by the state of Texas. First, she is a Republican, recently recruited to unseat a Democrat DA in rural Texas. Second, she targeted the lieutenant governor for his support of a THC ban, while Governor Abbott is not seeking a ban on THC, only regulation."
Texas Governor Greg Abbott previously told Newsweek: "Texas can and should reasonably regulate consumable hemp products to protect public health and safety. THC products for Texans under 21 should be banned, as should be dangerous synthetic products. We can do that without also eliminating consumer access to adults."
Stogner told Austin news station KVUE-TV that she would consider posting similar videos again: "Because it raises awareness, and I'm a nobody from nowhere. With social media and the ability to have a voice, that's how you have a voice."
"I'm tired of our elected officials not doing what's best for the people on the ground," she added. "We've got real crimes to prosecute—oilfield theft, rape, murder—and right now, we can't enforce the law as written on marijuana because of testing requirements."
"If we want to protect kids, then we need to legalize and regulate it, and we need to tax it, just like we do with alcohol," she said.
What Happens Next
Whether Stogner faces legal consequences for her protest remains to be seen.
Meanwhile, the ban will need to face the Senate and, if passed, Abbott's approval before becoming a law.
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