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Marijuana use in Texas remains a complex and evolving legal issue, with strict laws still in place despite changing attitudes across the country. While other states have moved toward full legalization, Texas continues to enforce penalties for possession and use, especially outside of limited medical exceptions. For residents and visitors alike, understanding the legal boundaries around marijuana use in Texas is critical to avoiding criminal charges. This article explores the current laws, recent policy shifts, and what they mean for individuals navigating marijuana-related concerns in the Lone Star State.
Marijuana In Texas
The laws regarding marijuana in Texas are relatively strict. The recreational use of marijuana is illegal in the state, and possession of any amount can result in criminal charges.
However, there have been some developments in recent years regarding the use of medical marijuana in Texas. In 2015, the state passed the Texas Compassionate Use Act, which allows for the limited use of low-THC cannabis oil for certain medical conditions. To qualify for medical marijuana in Texas, a patient must have been diagnosed with intractable epilepsy and have tried at least two FDA-approved medications without success.
In June 2021, the state expanded the medical marijuana program under House Bill 1535. The new law allows individuals with certain qualifying conditions, such as PTSD, cancer, multiple sclerosis, and others, to access medical cannabis products with higher THC concentrations.
It’s important to note that even with the medical marijuana program, the use of marijuana remains heavily regulated in Texas. Only licensed dispensaries are allowed to sell medical cannabis products, and possession of marijuana obtained from other sources is still illegal.
Please keep in mind that laws and regulations can change over time, so it’s crucial to consult updated sources or legal professionals to get the most accurate and up-to-date information on the current status of marijuana laws in Texas.
What Is The Classification For Marijuana In Texas
As of my knowledge cutoff in September 2021, marijuana is classified as a Schedule I controlled substance in Texas. Schedule I substances are considered to have a high potential for abuse and have no accepted medical use in the United States. This classification puts marijuana in the same category as drugs like heroin, LSD, and ecstasy under Texas law.
Being classified as a Schedule I controlled substance means that the possession, sale, or cultivation of marijuana for non-medical purposes is illegal in Texas, and those found in violation of the law can face criminal penalties. However, as mentioned earlier, Texas does have a limited medical marijuana program that allows for the use of low-THC cannabis oil for certain medical conditions.
Keep in mind that laws and classifications can change over time, so it’s crucial to verify the current status of marijuana’s classification in Texas by consulting updated sources or legal professionals.
Why Does the Classification Of Drugs Matter?
The classification of drugs is an important aspect of drug policy and law enforcement. Here are a few reasons why drug classifications matter.
Drug classifications determine the legal consequences associated with the possession, sale, or use of a particular substance. Different drug schedules carry different penalties, ranging from fines to imprisonment. The classification helps guide law enforcement agencies, prosecutors, and judges in determining appropriate charges and sentences.
Drug classifications can reflect the perceived risks and potential harms associated with different substances. Classifying drugs based on their potential for abuse, addictive properties, and potential health effects helps inform public health initiatives, prevention efforts, and treatment strategies. It allows policymakers to allocate resources effectively and design policies to address specific drug-related challenges.
Drug classifications can impact scientific research and medical access to substances. Drugs classified in lower schedules or as controlled substances may face additional regulatory hurdles for research purposes. Conversely, substances classified in higher schedules may face severe restrictions, limiting medical access and potentially hindering the exploration of their potential therapeutic benefits.
Drug classifications play a role in international drug control treaties and agreements. Different countries often align their drug classifications with international conventions, allowing for cooperation in addressing drug-related issues, such as drug trafficking and international law enforcement efforts.
Drug classifications can influence public perception and societal attitudes towards certain substances. The classification of a drug can contribute to stigmatization and shape public opinion about its use, potentially affecting public discourse, social policies, and cultural norms surrounding drug use.
It’s important to note that drug classifications can be subjective and vary across different jurisdictions. Additionally, drug policies and classifications are subject to ongoing debates and revisions as scientific knowledge and societal perspectives evolve.
Is There A Difference In Punishment Based On The Form Marijuana Is In?
In many jurisdictions, including Texas, the punishment for marijuana-related offenses can vary based on the form of marijuana involved. Different forms of marijuana, such as the plant material, concentrates, or edibles, may be treated differently under the law. Here are some general observations, but please note that specific penalties can vary based on state laws and individual circumstances:
Plant Material (Flower): Typically, possession, sale, or distribution of marijuana plant material is subject to penalties based on the weight of the material. The larger the quantity, the more severe the penalties tend to be.
Concentrates: In many jurisdictions, including Texas, cannabis concentrates, such as hashish or oils with higher THC concentrations, are treated more severely than marijuana plant material. Possession, sale, or distribution of concentrates often carry harsher penalties compared to traditional marijuana flower. In some cases, the penalties for concentrate-related offenses can be significantly higher.
Edibles and Other Infused Products: In states where marijuana is legalized or decriminalized, the penalties for edibles and other infused products may be similar to those for traditional plant material. However, if these products are made or distributed illegally or in states where they are prohibited, the penalties can still apply.
It’s important to note that marijuana laws and their associated penalties can vary significantly between jurisdictions. The specific details of how different forms of marijuana are treated can be outlined in state statutes, regulations, or court precedents. Therefore, it’s crucial to consult the specific laws of the jurisdiction in question to understand how punishments are determined based on the form of marijuana involved.
Drug Penalty For Marijuana In Texas
In Texas, the penalties for marijuana-related offenses vary depending on the amount of marijuana involved and the nature of the offense.
Possession
Having 2 ounces or less qualifies as a Class B misdemeanor. This offense carries up to 180 days in jail and a fine of up to $2,000.
Carrying 2 to 4 ounces leads to a Class A misdemeanor. This offense carries up to 1 year in jail and a fine of up to $4,000.
Holding 4 ounces to 5 pounds results in a state jail felony. This offense carries 180 days to 2 years in state jail and a fine of up to $10,000.
Owning 5 to 50 pounds leads to a third-degree felony. This offense carries 2 to 10 years in prison and a fine of up to $10,000.
Keeping 50 to 2,000 pounds qualifies as a second-degree felony. This offense carries 2 to 20 years in prison and a fine of up to $10,000.
Transporting 2,000 pounds or more results in a first-degree felony. This offense carries 5 to 99 years in prison and a fine of up to $50,000.
Selling or Distribution
Selling or distributing less than 7 grams of marijuana counts as a state jail felony. This offense carries 180 days to 2 years in state jail and a fine of up to $10,000.
Selling or distributing between 7 grams and 5 pounds counts as a second-degree felony. This offense carries 2 to 20 years in prison and a fine of up to $10,000.
Selling or distributing 5 to 50 pounds counts as a first-degree felony. This offense carries 5 to 99 years in prison and a fine of up to $10,000.
Selling or distributing 50 to 2,000 pounds carries a mandatory minimum sentence of 10 years and can lead to life imprisonment along with a fine of up to $100,000.
Selling or distributing 2,000 pounds or more carries a mandatory minimum sentence of 15 years and can lead to life imprisonment along with a fine of up to $250,000.
Penalties may increase based on prior convictions, location (such as near schools or parks), or involvement of minors. Selling marijuana within 1,000 feet of a school zone can lead to even higher penalties.
It’s essential to consult updated sources or legal professionals to obtain the most accurate and up-to-date information on current drug penalties in Texas.
Conclusion
Understanding the laws surrounding marijuana use in Texas is essential for anyone living in or traveling through the state. Despite shifting public opinion and national trends toward legalization, Texas maintains strict regulations that can result in serious legal consequences. Whether you’re considering medical use or unaware possession, staying informed about what is and isn’t allowed can help you avoid costly mistakes. As marijuana use in Texas continues to be debated, staying updated on legal developments and seeking legal counsel when needed can protect your rights and future.
Need Help? Call Us Now!
Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We are committed to acting in your best interest and will fight to achieve the most favorable outcome for your case. Our team will clearly explain every aspect of your trial and guide you on the strongest strategies for your defense. From start to finish, we will walk you through each step of the criminal process with experience, clarity, and care.
Therefore, do not hesitate to call us if you find yourself or someone you know that is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain the result of the charge to you and guide you in the best possible way.
Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you.
Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment via Zoom, Google Meet, email, or an in-person appointment; and we will provide you with as much advice and information as possible so you can have the best possible result in your case.
Call us now at (281) 810-9760.
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Texas Law on Marijuana Use FAQs
No, recreational marijuana use is not legal in Texas. The possession, sale, and distribution of marijuana for non-medical purposes are illegal and can result in criminal penalties.
As of my last update in September 2021, Texas has limited provisions for medical marijuana use. The state’s Compassionate Use Program allows for the use of low-THC cannabis oil by patients with intractable epilepsy. However, other forms of medical marijuana use are not legal in the state.
Possession of marijuana for recreational use is considered a criminal offense in Texas. Penalties for marijuana possession can vary based on the amount of marijuana and whether it’s a first-time or repeat offense, ranging from misdemeanor charges to felony charges.
As of my last update in September 2021, Texas had not decriminalized marijuana possession. Possession of even small amounts of marijuana can lead to criminal charges, although some jurisdictions may offer diversion programs for first-time offenders.
While Texas has stringent marijuana laws, there are limited exceptions for CBD (cannabidiol) oil derived from hemp. The 2018 Farm Bill legalized the production and sale of hemp-derived CBD products with low THC content (0.3% or less) at the federal level. However, CBD products must meet specific labeling and testing requirements to be legal in Texas.
