The Texas Department of Public Safety is almost ready to roll out its long-awaited lab test to tell if cannabis is newly legal hemp or illegal marijuana. But DPS Director Steve McCraw notified Texas law enforcement agencies this month of a crucial caveat: The state labs won’t do testing in misdemeanor marijuana possession cases.

That will likely entrench what has become a patchwork system of marijuana enforcement across the state. Possession of a small amount of pot could mean no criminal charges in one county and jail time in a neighboring one. In Texas, misdemeanor marijuana offenses include possession of up to 4 ounces and the sale or delivery of up to 7 grams.

The situation comes after the Texas Legislature changed the definition of marijuana last year in order to legalize hemp, drawing a new distinction between two substances that can look and smell the same. The illegal drug changed from the cannabis plant to cannabis containing more than 0.3% THC, the compound in the plant that produces a high.

As lawmakers moved that legislation forward, DPS asked them for additional funding to test THC levels — and thus determine if cannabis is marijuana — in both felony and low-level possession cases. [Read more at Texas Tribune]