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 Do 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.
For possession of 2 ounces or less is considered a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.
If you possess 2 to 4 ounces then it is considered a Class A misdemeanor, that is punishable by up to 1 year in jail and a fine of up to $4,000.
Possession of 4 ounces to 5 pounds is then considered a state jail felony, it is punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
5 to 50 pounds is considered a third-degree felony, is punishable by 2 to 10 years in prison and a fine of up to $10,000.
50 to 2,000 pounds in possession is considered a second-degree felony and is punishable by 2 to 20 years in prison and a fine of up to $10,000.
2,000 pounds or more is considered a first-degree felony and is punishable by 5 to 99 years in prison and a fine of up to $50,000.
If you sell or distribute any amount of marijuana that is less than 7 grams it is considered a state jail felony, and it is punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
Between 7 grams to 5 pounds is considered a second-degree felony, which is punishable by 2 to 20 years in prison and a fine of up to $10,000.
If you sell of distribute 5 to 50 pounds then it is considered a first-degree felony, this is punishable by 5 to 99 years in prison and a fine of up to $10,000.
For selling or distributing 50 to 2,000 pounds it is punishable by a mandatory minimum sentence of 10 years up to life imprisonment and a fine of up to $100,000.
For 2,000 pounds or more that is sold or distributed is punishable by a mandatory minimum sentence of 15 years up to life imprisonment and a fine of up to $250,000.
It’s worth noting that these penalties can be enhanced based on factors such as prior convictions, proximity to certain locations (e.g., schools, parks), and involvement of minors. Additionally, the sale of marijuana within 1,000 feet of a school zone can lead to increased 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.
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 will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. We can explain everything you need to know about your trial and how to defend your case best. We can help you step by step through the criminal process.
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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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
