What are the Marijuana laws in the state of Texas? 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 Misdemeanor – 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.
Video Transcript:
Interviewer: “Well, is there a big difference between Texas state law and local municipalities and county law? Is there a big difference there? Or is it just a difference in how it’s enforced?”
Shawn McDonald: “How it is enforced. It is…”
Interviewer: “Ok.”
Shawn McDonald: “State law rules. There is no municipal laws hat relate to marijuana.”
Interviewer: “Ok.”
Shawn McDonald: “It is all state law based.”
Interviewer: “Ok.”
Shawn McDonald: “It is just how each county deals with the charging and punishment of possession of marijuana.”
Interviewer: “Got it. Ok, so the enforcement is the county and local level.”
Shawn McDonald: “That is right.”
Interviewer: “Ok. So current Texas marijuana CBD law. What is it currently?”
Shawn McDonald: “So marijuana as we know it, green, leafy substance, is illegal in the state of Texas. So it is illegal in the state of Texas. It is legal in about thirteen states. Maybe twelve states for recreational use as well as some states are medicinal use. As we sit today, marijuana is illegal in Texas. So most…”
Interviewer: “Is illegal in Texas.”
Shawn McDonald: “Illegal in Texas.
Interviewer: “Ok, alright.”
Shawn McDonald: “So marijuana, as we think of marijuana, and the smell that you associate with marijuana that we have known and seen our entire life is still illegal in Texas. So anything under two ounces is a Class B misdemeanor. A minor misdemeanor offense. Anything between two and four ounces is a Class A misdemeanor. Still low level. County jail punishment. And then once you get over four ounces you start getting into felony level possession of marijuana. That’s where you… pretty significant amounts. Up to five pounds is state jail felony. And then you go up to fifty pounds is a third degree. Then up to two thousand pounds is second degree and anything over two thousand pounds is a first degree felony. So you start getting pretty significant punishment ranges when you know you start getting truckloads full of marijuana.”
Interviewer: “Ok. And at that particular time it doesn’t matter… they don’t classify intent to distribute or anything like that, it’s just possession, correct?”
Shawn McDonald: “They don’t have intent, so…”
Interviewer: “Ok.”
Shawn McDonald: “Cocaine, methamphetamine, PCP, heroine, all the high level drugs that we think of, there is an intent to distribute that they could charge you if you have a large amount and say you have scales, you have baggies, you have large amounts of money with you. They can charge you with possession of methamphetamine with intent to deliver. So methamphetamine is a certain level. If they add the intent to deliver, it bumps it up one degree. So it increases the punishment range. Marijuana does not have the intent to deliver. They do have delivery. So you can have possession of marijuana if you have two thousand pounds they can not charge you with intent to deliver, but if you are delivering marijuana, and they catch you selling it, then they can charge you with delivery. Which again ups the punishment range one degree. So it’s a little bit different than the possession of meth and cocaine. There is no intent to deliver with marijuana. It is actual possession and/or delivery. The intent does not matter for marijuana.”
Interviewer: “Ok. Well that’s inter… I didn’t know that. So no matter what there’s never… unless it’s actively… you’re actively seen doing it as far as distribution goes… you… with marijuana even if it’s in your possession like that’s all you’re getting is a marijuana possession charge?”
Shawn McDonald: “That’s right.”
Interviewer 2: “So if you have a bunch of baggies or it’s broken down to ten little bags, there’s no intent to distribute?”
Shawn McDonald: “There is no intent.”
Interviewer 2: “Wow.”
Disclaimer
*This blog post, “What are the Marijuana laws in the state of Texas?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.