.png)
Public perception when it comes to cannabis plants has changed rapidly over the last few years. Using products that contain THC is now a lot more accepted than it was back in the day.
As such, Texas lawmakers have evolved with the changing times, and the Federal Farm Bill, which gives Texans the right to grow hemp, has made things a lot easier in this regard. Accepted medical use of marijuana is also now common in many states across the US.
While there is still a long way to go until the cannabis plant is fully embraced in Texas as it is in cities such as Amsterdam, the legal hemp industry is already flourishing. The manufacture and sale of cannabis drinks, for example, has increased over the last few years.
Such quick changes often create a grey area regarding what is illegal or legal when it comes to the use of cannabis and hemp products. According to the Texas Tribune, marijuana possession cases have become a lot more complicated since laws were amended in 2019.
The Texas Department of Corrections still has the mandate to punish offenders found in possession of marijuana, which is something many people worry about when considering partaking in cannabis drinks.
A full understanding of both Texas state regulations and Federal law is essential to avoid suffering any criminal penalties. Sparks Law Firm has been serving the people of the Lone Star State for many years and is ready to help with questions such as Is a vape pen a felony in Texas?
What Is a Cannabis Drink?
One of the most popular of all hemp-derived products is the cannabis drink. It is simply a beverage that has been infused with tetrahydrocannabinol (THC), a mind-altering ingredient found in hemp and cannabis plants.
The drink usually contains a low dose of THC and may be combined with caffeine, alcohol, or other ingredients. Various plant-based products, such as ashwagandha, mushroom extracts, L-theanine, and turmeric, may also be added to augment the effects of the low THC concentration.
From 1979 to 2022, there has been a sharp increase in the number of people who admit to using some kind of cannabis or hemp products regularly, while the daily consumption of alcoholic beverages has decreased.
Various companies, such as Bayou City Hemp Co., have taken advantage of these changes by streamlining the extraction and processing of THC for use in various hemp-derived products, such as Hi Seltzer and other cannabis drinks.
Can THC Drinks Make People "High?"
Yes, even though cannabis drinks contain very low concentrations of THC, it is possible to still feel a buzz after consuming them. The high potential of each drink is also greatly affected by the addition of various ingredients, including alcohol.
In some cases, the high can be more intense and unpredictable when compared to taking a few a puffs of a weed joint, for example.
Since the use of cannabis plant-based products has been made legal in Texas, state health services have been concerned about the abuse of these drinks. The general advice for anyone partaking in cannabis drinking is to take it slow.
Benefits or Risks of Drinking Cannabis Products
Marijuana has long been associated with promoting relaxation and calmness. This is what makes cannabis use very popular among people dealing with stress and anxiety. Some of these benefits may be transferred to drinks containing THC products.
It has also been suggested by proponents of the hemp industry that these drinks can help reduce insomnia in people who regularly struggle to sleep. Cannabis drinks may also have some anti-inflammation properties that users can benefit from.
However, there are some significant risks to drinking TCH products. The following are a few of the most common ones:
Fatigue
Drowsiness
Reduced appetite
Diarrhea
Dry mouth
If the THC concentration in the drinks is enough to cause interactions with any medications the users may be taking, some very serious consequences can happen. Patients taking blood thinners, for example, should, ideally, avoid drinking cannabis beverages.
Another common cause for concern is how difficult it can be to determine the purity and THC concentration of drinks infused with cannabinoids (CBD). This means users may not know just how much of the drug they are putting into their systems.
Cannabis Drink vs Medical Marijuana
Cannabis drinks are usually considered a form of recreational use of CBD products, while medical marijuana has been shown to help patients combat pain and other symptoms of various illnesses, such as cancer and epilepsy.
One of the key differences between the two is that medical marijuana is often only available through a doctor's prescription, while anyone over 21 is allowed to buy a cannabis drink for recreational use. This is usually because of the higher THC doses that can be used in medical marijuana compared to CBD drinks.
Regulations on the amount of contaminants in medical use marijuana are also a lot more strict than what is applied to cannabis drinks. This is mainly to protect people who are already suffering from other forms of illnesses.
What Is the Law Regarding Cannabis Plant Products in Texas?
The law is still quite clear on the fact that, since 1931, it has been illegal to use or be found in possession of marijuana in Texas.
However, since 2019, the major change has been that hemp is now considered different from marijuana, which means it may be subject to alternate laws.
The growing of hemp was made legal in Texas by the Federal Farm Bill of 2018. In the following year, Governor Gregg Abbot signed House Bill 1325, which opened the doors for the hemp industry to flourish throughout the state.
However, the manufacture of smokable hemp is still outlawed, a rule that, according to the Dallas Observer, was upheld in 2022 by a Texas Supreme Court.
This shows that amendments to the law regarding cannabis plant products are still very much an ongoing process. As such, it is better to be clear on the legality of THC drinks to avoid landing in trouble with the Texas Department of Corrections. For more information, a Fort Worth drug defense lawyer may be able to help.
Recreational Marijuana Possession Is Punishable by Law
If convicted of marijuana possession in Texas, offenders can face various punishments depending on the nature of the case.
Being arrested for carrying up to 2 ounces of marijuana is usually considered a Class B misdemeanor, punishable by a $2,000 fine and up to 180 days in jail.
Possession of between 2 and 4 ounces will be upgraded to a Class A misdemeanor, and the punishment is increased to a year behind bars and a $4,000 fine.
However, the most serious consequences are reserved for offenders found to be carrying more than 4 ounces of marijuana. In Texas, this is regarded as a felony and can lead to a lengthy jail term.
Five Things Texans Need to Know
Considering the rate at which the cannabis industry is growing in Texas and other states in the US, it helps to know some of the important facts, including the following:
1. Hemp Is Different From Marijuana
While both are derived from the cannabis plant and are virtually indistinguishable in terms of smell and looks, they are not the same product. The main difference is that marijuana contains a lot more THC by weight compared to hemp.
Since THC is a psychoactive compound, this means the high potential of marijuana is a lot more potent than anything that can be achieved using hemp products.
2. It Is Legal to Grow Hemp in Texas
State law has been amended to allow the growing of hemp in Texas cities. However, this is only applicable to licensed growers, meaning not just anyone can decide to start growing hemp in their backyard.
Hemp growers are tightly regulated by the Texas Department of Agriculture and the Texas Department of Health and Human Services. Growing hemp without the required licenses remains illegal in Texas and is punishable under state law. Sparks Law Firm can also advise on questions like How much Bud is a felony in Texas?
3. Delta 8 Vs Delta 9 THC
An important thing to remember about cannabinoids such as hemp is its different classifications based on the concentration of THC by weight. In most cases, the hemp is classified as either Delta 8 or Delta 9 THC.
Of these two, Delta 8 products have more physical benefits at higher concentrations while being less psychoactive. Delta 9 is much larger and can produce the desired effect in smaller doses. It is also easier to manufacture Delta 9 THC molecules compared to Delta 8.
State law restricts the THC concentration in Delta 9 products to just 0.3% on a dry weight basis. This is because even when found in small amounts, such as in edible gummy, it can cause a very pronounced effect on the user.
4. Hemp Is a Versatile Plant
Hemp has a long and celebrated history of use in the US and is widely regarded as quite an amazing crop. Its uses are many, and its versatility surpasses many other crops in its category.
The following are some of the interesting things to know about hemp:
Produces some of the strongest types of natural fiber
Seed proteins contain useful proteins, zinc, Omega 3 and 6 fatty acids, and magnesium
Oils can be used to treat skin problems
Flowers contain large amounts of CBD oil
5. Percentage of THC Is Important
One of the most important things to keep an eye on when it comes to hemp products is the concentration of THC. The law in Texas only allows the buying and selling of hemp that contains a maximum of 0.3% THC.
Higher concentrations are available, such as 1% THC, but these are reserved for people with a prescription for medication to treat chronic conditions, such as epilepsy.
How Do Texans Feel About the Cannabis Industry?
One of the most interesting things to emerge from the recent law changes regarding the use of cannabinoids is that many people seem to be in favor of some kind of marijuana legalization.
Whether it is due to the influence of pop culture or people are now more aware of the many benefits, cannabis plants have certainly become more popular in the Lone Star State of late.
The University of Texas conducted a poll around the same time as the introduction of the 2018 Farm Bill, and it found that about 84% of the state's voters would prefer weed to be legalized.
When the Dallas Morning News conducted a similar poll four years later, the results showed an approval rating of around 83% in favor of legalizing marijuana for medical use.
Steps to Take If Arrested for Possession of Hemp Products
With so many things to consider regarding the legality of certain cannabis plant products, there is a potential of getting arrested for marijuana possession when, in fact, the suspect is carrying legal hemp.
In such cases, the steps that a person takes are very important in determining the outcome of the case. That is why doing the following is essential:
Cooperate With the Arresting Officer
Yes, the police officer may be wrong for arresting someone for marijuana possession who has legal hemp, but cooperating with law enforcement officials is always the right thing to do in such cases.
As such, if the officer decides to take the suspect into custody and confiscate their hemp as evidence, the suspect should not argue.
Such cooperation will make the next steps easier and increase the chances of limiting the time the suspect is in the hands of the police.
Do Not Give a Statement or Admit Wrongdoing
However, cooperation should not mean admitting to any wrongdoing or being forced to give a statement that may be regarded as incriminating.
Suspects in Texas have the right to remain silent when arrested, and it is often wise to exercise this right until advised otherwise by their legal counsel.
Ask to Call an Attorney
As soon as the suspect arrives at the police station, they should ask to speak to their lawyer, which the police will often grant.
Bringing in a lawyer should not be regarded as a sign of guilt but simply as the best option for anyone facing any serious charges in Texas.
Sparks Law Firm - A Great Attorney Is Just a Call Away
In Texas, breaking the various laws against the use of controlled substances can be quite severe. As such, when facing charges of marijuana possession, hiring a good lawyer is always the right thing to do.
Luckily for the residents of Ft. Worth and other Texas cities, Sparks Law Firm is just one call away. When expert legal representation is required, book a free consultation with the top legal team in the state today.
Comments