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Marijuana legalization is a hot topic across the United States, and it’s no different in Texas. With varying opinions on both sides of the debate, it can be difficult to answer the question: is weed legal in Texas?
In this article, we’ll break down all aspects of marijuana laws in Texas so that you can make an informed decision about what is and isn’t legal.
Overview Of Marijuana Laws In Texas
Marijuana remains illegal in the state of Texas, and the laws prohibiting it are strict. The state does allow the use of medical cannabis under certain conditions. To be eligible, you must have one of the qualifying conditions approved by the state’s Compassionate Use Program (CUP).
These conditions include intractable epilepsy, multiple sclerosis, autism, terminal cancer, amyotrophic lateral sclerosis (ALS), seizure disorders, spasticity associated with muscular dystrophy or spinal cord injury, and other debilitating medical conditions that produce symptoms similar to those listed above.
If approved by the CUP board members, an individual diagnosed with one of these conditions may legally possess cannabis oil with a THC concentration of no more than 1%.
Texas has recently enacted legislation regarding the cultivation and sale of industrial hemp. Industrial hemp is a type of cannabis plant that contains very low levels of THC, the psychoactive component found in marijuana.
As such, it is not considered to be an intoxicating substance by the state government.
In 2019, Governor Abbott signed a bill into law to legalize the production and sale of industrial hemp in Texas. This law also allows for the manufacturing and sale of products made from hemp, such as clothing, paper, rope, and food.
Furthermore, it also permits retail stores to sell CBD oil derived from industrial hemp plants.
The new law does have certain restrictions in place to ensure that only those with a valid license are able to cultivate and sell industrial hemp in Texas. Furthermore, all products must pass rigorous testing standards before they can be sold legally in the state.
In addition, any product containing more than 0.3% THC is still illegal under this law.
Industrial hemp has become increasingly popular in recent years due its various uses and potential health benefits. It is believed that this new legislation will help spur economic growth in Texas as many farmers are now taking advantage of this new industry opportunity by growing industrial hemp crops.
It is also hoped that this new industry will help create jobs throughout the state as well as provide consumers with access to high quality hemp products at competitive prices.
Possession of any amount of marijuana (Except for the medical reasons mentioned above) is considered a felony and can result in steep fines and jail time. Even first-time offenders can face up to two years in prison, while repeat offenders may be sentenced up to 10 years.
Certain aggravating circumstances may also increase the severity of the penalties associated with marijuana possession.
The penalties for marijuana possession vary depending on the amount found in an individual’s possession at the time of their arrest. For those caught with less than two ounces, it is considered a Class B misdemeanor and carries a possible 180 day jail sentence and a fine of $2,000.
Possession of more than two ounces but less than four ounces is considered a Class A misdemeanor and can result in up to one year in jail and up to a $4,000 fine.
Additionally, if someone is found with more than four ounces but less than five pounds, they can be charged with a state jail felony which carries between 6 months and 2 years imprisonment plus fines that could reach up to $10,000.
Lastly, anyone caught with more than five pounds faces charges for a third degree felony which has penalties ranging from 2-10 years imprisonment as well as fines that could go up to $10,000.
It is important for individuals living or visiting Texas to understand that cannabis remains illegal under both federal and state law due to its Schedule I classification under the Controlled Substances Act (CSA).
Anyone who chooses to possess or use marijuana in Texas should be aware that they are subjecting themselves to serious legal consequences that could have long-term implications for them personally and professionally.
It should also be noted that Texas has strict laws regarding paraphernalia associated with marijuana cultivation, such as grow lights and hydroponic equipment. The possession of these items can result in fines or even jail time depending on the circumstances.
Decriminalization Of Minor Offenses In Texas
In Dallas, Texas a person can still face criminal charges for possession of four ounces or less but they may be eligible for deferred adjudication which could lead to dismissal of charges upon successful completion of probationary period.
Overall, many cities in Texas are taking steps towards decriminalizing minor offenses related to marijuana possession in an effort to reduce incarceration rates for non-violent crimes and keep people out of jail who might otherwise be facing more serious charges if caught with larger amounts.
These measures can help ensure that people are not unfairly punished for minor offenses while still upholding public safety laws and regulations.
In conclusion, recreational marijuana is not legal in Texas. Possession of any amount of cannabis flower or concentrate is still considered a criminal offense and can result in fines and jail time.
Medical marijuana is legal in the state, but there are restrictions on who can use it and how it can be obtained. Those found in possession of medical marijuana must have a valid prescription from a doctor to avoid penalties.
Consumption of marijuana in public places is strictly prohibited, and no tax benefits are offered to those selling marijuana within the state.
Unfortunately, there are currently no dispensaries open in Texas either, meaning that those with a legitimate prescription for medical marijuana must obtain their medication from out-of-state sources.
Learn more about weed laws in the Southwest and legal status of cannabis in neighboring states.
- Is weed legal in Arkansas?
- Is weed legal in Louisiana?
- Is weed legal in Oklahoma?
- Is weed legal in New Mexico?
- Is weed illegal in Mexico?
I’m an avid gardener and cannabis enthusiast. You can usually find me in my garden caring for my plants or at my computer crafting helpful blogs for my readers.