Texas Marijuana Laws Attorney in Rockwall, Texas

Marijuana laws in Texas remain some of the strictest in the United States, and understanding these laws is crucial for residents. While several states have legalized recreational or medical marijuana, Texas maintains a more conservative stance. 

As laws evolve, knowing your rights is key. The Law Office of Justin K. Hall P.C. is here to provide my clients in Rockwall, Dallas, Collin, Kaufman, and Hunt with professional legal support. Here's what you need to know about marijuana laws in Texas.

The Current Status of Marijuana in Texas

As of 2024, marijuana remains illegal for recreational use in Texas. However, the state has taken small steps toward loosening its marijuana restrictions. 

The Texas Compassionate Use Program (TCUP) allows limited access to low-THC cannabis oil for patients with certain medical conditions. Despite this progress, most forms of marijuana use remain prohibited, with criminal penalties attached to possession, cultivation, and distribution.

Medical Marijuana in Texas

Texas’s medical marijuana program is restrictive compared to other states. Only patients with qualifying medical conditions such as epilepsy, autism, cancer, and post-traumatic stress disorder (PTSD) may access low-THC cannabis oil (containing no more than 1% THC). 

Even then, patients must receive approval from a physician registered with the TCUP. For those who don’t meet the strict requirements, possession of marijuana—even for medical purposes—remains illegal, making it critical to understand your rights under the law.

Penalties for Marijuana Possession

Marijuana possession is classified as a criminal offense in Texas, with penalties based on the amount found. 

Here are a few key points about the penalties for marijuana possession in Texas:

• Class B misdemeanor for small amounts: Possession of up to 2 ounces of marijuana is classified as a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a possible driver's license suspension.

• Class A misdemeanor for larger amounts: Possession of 2 to 4 ounces of marijuana is a Class A misdemeanor, carrying a penalty of up to one year in jail and a fine of up to $4,000.

• Felony charges for over 4 ounces: Possession of more than 4 ounces can lead to felony charges. For example, possessing between 4 ounces and 5 pounds is a state jail felony, which can result in 180 days to two years in state jail and a fine of up to $10,000.

• Increased penalties for repeat offenders: Repeat offenders may face harsher penalties, including enhanced felony charges with longer prison sentences and larger fines.

• Drug-free zones: Possession of marijuana in drug-free zones, such as near schools or public parks, can result in enhanced penalties, including mandatory jail time and higher fines.

• Impact on criminal record: A marijuana possession conviction in Texas can result in a permanent criminal record, which may affect future employment, housing opportunities, and eligibility for certain benefits.

Distribution and Cultivation of Marijuana

In Texas, the penalties for distributing or cultivating marijuana are even more severe than those for possession. Selling or distributing marijuana, even in small amounts, is classified as a felony. 

Penalties increase based on the quantity of marijuana involved, with sentences ranging from two years to life in prison. Cultivating marijuana plants is also treated as a serious crime, with penalties tied to the number of plants found. 

Texas law views the distribution and cultivation of marijuana as serious threats to public safety, and offenders often face harsh legal repercussions.

Decriminalization Efforts in Texas

While Texas hasn't legalized marijuana, there have been some efforts toward decriminalization at the local level. Cities such as Austin and Dallas have adopted policies that reduce or eliminate arrests for possession of small amounts of marijuana. 

These local measures, however, don't change state law, and marijuana remains illegal across Texas. As a result, residents must be cautious, as enforcement can vary significantly depending on where they live. 

CBD and Hemp Laws in Texas

While marijuana remains illegal in Texas, the state has legalized hemp and cannabidiol (CBD) products containing less than 0.3% THC. 

However, it’s important to understand that while CBD products are legal, the line between hemp and marijuana can be blurry. 

Prioritize understanding the following in regard to your criminal defense case:

• Legalization of hemp: In 2019, Texas legalized hemp and hemp-derived products through House Bill 1325, following the federal 2018 Farm Bill. Hemp is defined as cannabis containing less than 0.3% THC (the psychoactive component in marijuana).

• CBD products: CBD (cannabidiol) products derived from hemp are legal in Texas, as long as they contain no more than 0.3% THC. This includes CBD oils, creams, and edibles. However, CBD products containing higher THC levels are considered illegal marijuana under state law.

• Regulation and testing: CBD and hemp products in Texas must be tested and labeled to confirm their THC content. The Texas Department of Agriculture regulates hemp farming, while the Texas Department of State Health Services oversees CBD product sales and safety.

• Medical marijuana and CBD: Texas allows limited medical use of low-THC cannabis through the Texas Compassionate Use Program (TCUP), which permits patients with certain medical conditions to use cannabis products containing no more than 1% THC. This is distinct from over-the-counter CBD products, which must meet the 0.3% THC limit.

• Illegality of marijuana: It’s important to note that marijuana, which contains more than 0.3% THC, remains illegal in Texas. Possessing CBD products with higher THC levels can lead to criminal penalties, including charges of marijuana possession.

My Role in Marijuana Cases

If you're arrested or charged with a marijuana-related offense in Texas, seeking legal counsel is critical. I’m a seasoned legal professional with over 20 years of experience handling criminal defense cases. 

I may help you work through the challenging legal system of drug laws, build a defense strategy, and work toward reducing or dismissing the charges. 

If you’ve been convicted of a marijuana offense in Texas, I may help you explore your legal options. If new laws are passed that reduce penalties for marijuana offenses, I may work to help you apply for sentence reductions or other post-conviction relief. 

Defending Against Marijuana Charges

There are several possible defenses to marijuana charges in Texas, depending on the circumstances of the criminal defense case. These defenses include: 

• Illegal search and seizure: One of the most common defenses is challenging the legality of the search and seizure. If law enforcement conducted the search without a proper warrant or probable cause, any evidence found (such as marijuana) could be excluded from the criminal defense case, potentially leading to a dismissal.

• Lack of possession: In some cases, individuals can argue that they weren't in actual possession of the marijuana. For example, the defense could claim the marijuana belonged to someone else, or that the defendant was unaware of its presence.

• Medical necessity: Although Texas has strict marijuana laws, a defendant may attempt to argue a "medical necessity" defense if the marijuana was used to alleviate symptoms of a serious medical condition. However, this defense is rarely successful given Texas’s limited medical marijuana laws.

• Misidentification of substance: In some cases, the substance found may be misidentified as marijuana. A defense attorney may challenge the prosecution to prove that the substance in question is indeed marijuana, often through lab testing and analysis.

• Possession of legal CBD or hemp: Given the legal status of hemp and CBD products in Texas, a defendant may argue that the substance in question falls under the legal threshold of 0.3% THC. If the substance meets legal limits for hemp, it shouldn't be treated as marijuana.

• Entrapment: Entrapment may be a defense if law enforcement coerced or induced the defendant to commit a crime they wouldn't have otherwise committed. This is often used in cases where undercover operations or sting tactics were involved.

Defending against marijuana charges requires a thorough understanding of Texas law, which is why my support is crucial.

Marijuana and Driving Under the Influence

Driving under the influence of marijuana is illegal in Texas, and the penalties can be severe. 

If you're found to be impaired by marijuana while driving, you can be charged with Driving While Intoxicated (DWI). 

This charge carries penalties similar to those for alcohol-related DWIs, including license suspension, fines, and possible jail time. I’m here to help you defend against DWI charges by challenging the evidence, such as the results of field sobriety tests or the methods used to determine impairment.

Federal vs. State Marijuana Laws

One of the intricacies of marijuana law in Texas is the interplay between federal and state regulations. While some states have legalized marijuana, it remains illegal under federal law. 

This creates a legal grey area for Texans, especially when traveling across state lines or dealing with federal employers. It’s important to note that even if marijuana is legal in another state, it remains illegal to transport it into Texas. 

I understand how to traverse the conflict between state and federal marijuana laws, particularly for individuals working in industries regulated by federal law.