What is the Current Legal Standing for Marijuana in Texas?
Since 1931, the use and possession of marijuana in Texas have been illegal for recreational use. In recent years, hemp has been legalized and is considered different from marijuana. The concession of hemp has caused a drastic decline in pursued cases, and hundreds of cases have been dropped due to a lack of resources to determine a substance’s exact THC level. Texas Governor Greg Abbott insists that the bill does not decriminalize marijuana despite prosecutions in Texas dropping by more than half in the six months after the law was enacted. Medical cannabis is currently legal in Texas as of 2015, but only in very limited circumstances. Just last year, this law was expanded to include more qualifying conditions for medical use.
How is Marijuana Possession Prosecuted?
Currently, there are 11 states and Washington, D.C., that have legalized recreational marijuana possession. Around ten other states have fully or partially decriminalized marijuana-related offenses. In Texas, state law allows misdemeanor charges to be given for small amounts of cannabis found with recreational users. These charges typically carry fines of more than $1,000 and jail time. The possession of marijuana is penalized as follows:
- Possession of 2 ounces or less is a misdemeanor, with up to 180 days of incarceration and a fine of up to $2,000.
- Possession of between two and four ounces is a misdemeanor, up to one year of incarceration, and a fine of up to $4,000.
- Possession of between four ounces and five pounds is a felony, with a minimum sentence of 180 days up to two years and a fine of up to $10,000.
- Possession of between five pounds and 50 pounds is a felony, with a minimum sentence of two years up to ten years and a fine of up to $10,000.
- Possession of between 50 pounds and 2,000 pounds is a second-degree felony, with a minimum sentence of two years to 20 years, and a fine up to $10,000.
- Possession of more than 2,000 pounds of marijuana is a felony with a minimum five-year to 99-year sentence with a fine of up to $50,000
What Laws Accompany the Manufacture or Cultivation of Marijuana?
Possessing or growing marijuana plants for later use is treated as a possession charge, meaning the weight of the punishment is determined by the weight involved. The prosecution for the manufacturing and cultivating of marijuana and its derivatives include:
- Less than one gram is considered a state jail felony, with a minimum of 180 days, up to 2 years incarceration, and up to a $10,000 fine.
- More than one gram but less than four grams is a second-degree felony, minimum of two years and up to 20 years and up to a $10,000 fine.
- More than four grams but less than 400 grams is a first-degree felony, with a minimum of five years and up to 99 years of incarceration and up to a $10,000 fine.
- Greater than 400 grams requires incarceration of a minimum of 10 years up to a life sentence and a fine up to no greater than $100,000
- Possessing drug paraphernalia used in the creation of hashish or concentrates is a misdemeanor and a fine no greater than $10,000.
- Manufacturing, delivering, or possessing with intent to deliver a manufacturing device is a misdemeanor, up to one year of incarceration, and a fine of up to $4,000.
How is the Sale of Marijuana Penalized?
With the legality of hemp, many stores began selling CBD, hemp, and other compounds within the allowed range of THC content. However, this does not mean that selling these products is legal in every circumstance. The sale of marijuana and its compounds is penalized as follows:
- Seven grams or less is a misdemeanor, one-year incarceration, and a fine up to $2,000.
- Seven grams to five pounds is a felony, with a minimum of 180 days to two years of incarceration and a fine of up to $10,000.
- Five pounds to 50 pounds is a second-degree felony, a minimum of two years to 20 years of incarceration, and a fine of up to $10,000.
- Fifty pounds to 2,000 pounds is a first-degree felony, with a minimum of five years to lifetime imprisonment and a fine up to $10,000.
- The sale of more than 2,000 pounds is a felony, with a minimum sentence of 10 years to life imprisonment and a fine of up to $100,000.
- Selling to a minor is a second-degree felony, with a minimum sentence of two years to 20 years incarceration, and a fine of up to $10,000.
What Laws Accompany Medical Marijuana Use?
Texas’s Compassionate Use Program allows the use of low tetrahydrocannabinols (THC) for medical purposes. Low-THC is any part of or resulting compound, salt, resin, oil, or derivative of the plant Cannabis Sativa L containing no more than 0.5% by weight of THC. Medical use of these substances is limited only to swallowing and not smoking. Medical conditions eligible for treatment include:
- Epilepsy
- Seizure disorders
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis
- Autism
- Terminal cancer
- An incurable neurodegenerative disease
Patients may be eligible for a Low-THC prescription if he or she is a permanent Texas resident, has an approved medical condition, a CUP registered physician is the prescriber, and a physician has decided that the benefits outweigh the risks. There is currently no age limit for prescriptions; however, a legal guardian may be required for patients under 18 years of age.
Should I Contact an Attorney?
Here at Flanary Law Firm, PLLC, we know how hard it is to keep up with the ever-changing and evolving laws surrounding marijuana. Let us help you get back on the right track and to the future you deserve. Call us today at (210) 899-7566 or fill out our contact form for a free consultation!