TEXAS – Hemp is legal in Texas. That means CBD oil and other hemp products can now be legally sold throughout the state. But the new law is making things complicated for police when they make a traffic stop.

As of now, there is no way police can tell if certain items are hemp vs. marijuana unless they are taken to a lab.

For someone who just got apprehended that could make a difference between getting arrested or not.

Under the new hemp law, once known as House Bill 1325, hemp products with less than .03 percent THC are legal. THC is the psychoactive element in marijuana.

While the new law went into effect immediately after Governor Abbott signed it in June, some law enforcement agencies in Texas have not had the chance to adjust yet.

RELATED: New Texas Laws Going Into Effect September 1

For many agencies, that means changes in policing and obtaining new laboratory equipment to test for the substance.

This delay also complicates prosecution of some marijuana cases, according to the Texas District and County Attorneys' Association. The group advises prosecutors to postpone these many cases while waiting for lab results.

County attorneys for both Travis County and Bexar County have announced they are not going to accept misdemeanor marijuana cases without lab results.