In 1996, California voters passed Proposition 215, making the Golden State the first state to approve medical use of marijuana. Since then, 33 more states, the District of Columbia, Guam, Puerto Rico and US Virgin Islands have enacted similar laws. The federal government allows individual states to pass laws decriminalizing the recreational or medicinal use of the drug if the state has a regulatory system in place.
With the CBD boom and rising interest in the medicinal use of marijuana, changing marijuana laws is a national hot topic, especially in the state of Texas. While other states have made leaps and bounds to decriminalized the use of marijuana, Texas is still digging in it’s heels to pursue criminal charges for offenders.
Commentary from Shawn McDonald at SMB Criminal Defense Lawyers in Sugar Land, reveals that whether for recreational or medicinal purposes, marijuana is still illegal and punishable to the full extent of the law for offenders in Texas.
Here is the breakdown from McDonald:
- Anything under two ounces will be considered a Class B Misdemeanor, which is a minor offense.
- Anything between two to four ounces is a Class A Misdemeanour – still a minor offense.
- Once you exceed four ounces of marijuana, you can be charged with a felony and face state jail time.
What you may not know is that unlike cocaine, methamphetamines, PCP, and other high offense drugs, you can not be charged with “intent to distribute” for marijuana. For example, if you have 2,000 lbs of marijuana, you won’t be charged with “intent to distribute” unless you are explicitly caught selling it.
Will Texas ever join the more progressive states in the case of marijuana?
Texas recently approved the use of hemp-derived products. This legalizes the cultivation of industrial hemp, bringing Texas in line with 40 other states and federal law that already allow for production of crops and products (such as CBD oils) that contain less than 0.3% THC, the psychoactive component of marijuana.
Although the future of marijuana in Texas is still hanging in limbo, SMB Criminal Defense Lawyers provide up to date info on the current laws and your rights.