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Marijuana is a highly contested topic throughout the United States and around the world. Arguments to legalize marijuana are ongoing, but the specific details of what is and is not allowed are less clear-cut than they should be.
Texas law regarding cannabis use is slightly more complicated following changes in recent years- blurring the lines of what was once a zero-tolerance policy. Sparks Law Firm can help clarify questions like Is smokable hemp legal in Texas?
Is cannabis Indica legal in Texas? Are charges different depending on the type of product? Are any forms of marijuana okay to use recreationally in the state? Is cannabis oil legal in Texas? Here is some vital insight into the topic.
Is the Cannabis Indica Strain Legal to Possess and Use in Texas?
Indica is a particular strain of cannabis plant commonly used in recreational marijuana products.
Its use is not legal in Texas, as it is classed as marijuana and generally has a THC concentration of higher than 0.3%- the current threshold for legal cannabis products in the state.
Is Any Type of Marijuana Legal in Texas?
Marijuana itself remains an illegal substance in Texas. No strain is legal- nor is any product derived from it. However, some hemp products are now technically legal- despite having the same roots. Hemp has a lower THC content, and many products contain Delta 8 rather than Delta 9.
Delta 8 THC VS Delta 9 THC
One of the key factors in determining what forms of cannabis are legal in Texas is the distinction between Delta 8 THC and Delta 9 THC.
Delta 9 THC is the naturally occurring chemical found in marijuana that gives it its effects, and it is illegal in any concentration of 0.3% or more. Delta 8 THC, by comparison, is an almost identical synthetic component designed to give off a similar effect but with less potency.
Cannabis products, including Indica, that have been chemically stripped of any natural Delta 9 THC and sprayed with Delta 8 can, in theory, be sold and used legally in Texas.
What About Medical Marijuana vs. Recreational Marijuana?
Since Federal law enforcement agencies released statements in mild support of the impact of medical cannabis usage, Texas and other states have been more yielding to its legalization. However, it is still very limited as to what illnesses qualify- and what amounts doctors can prescribe.
Some of the qualifying conditions include:
Post-traumatic stress disorder
Cancer
Autism
Alzheimer's
Huntington's disease
Cannabis Indica, in its pure form, is not a recognized form of medical marijuana, so its possession may still be counted as a class B misdemeanor.
What Changes to Federal Law and Texas Legislature Impact the Use of Cannabis Products?
Both sides of the Texas House have advocated for lesser penalties and increased legalization of marijuana use, but none have yet made it into state law. The only change in Texas is the legalization of specific Delta 8 THC products (hemp).
Can Someone be Charged with Marijuana Possession if Carrying Legal Hemp-Derived CBD Products?
It is a criminal offense to carry most types of cannabis in Texas, but what if a person is arrested despite sticking to the few legal exceptions? Because the state laws regarding hemp and Delta 8 THC are fairly new, there is still a lack of understanding and regulation.
Austin City Council is somewhat ahead of the pack in Texas, but other areas are still seeing a lot of arrests that may not be legal. While criminal charges are unlikely to stand up with the right defense team, an arrest is still possible.
What Are the Penalties for Illegal Marijuana Possession in Texas?
Possession of any amount of illegal cannabis indica or other marijuana products can lead to fines, criminal charges, and even jail time. There are four categories- based primarily on how much marijuana a person has.
Drug paraphernalia (bongs, pipes, etc. but no actual marijuana: This is a class C misdemeanor, which may come with a fine of up to $500- but no jail time.
Up to two ounces of marijuana: This is a class B misdemeanor, which can come with a $2000 fine and a maximum of 180 days in jail.
More than two ounces but less than four ounces: This is a class A misdemeanor, which comes with a maximum fine of $4000 and up to one year in county jail.
More than four ounces: This amount warrants a state jail felony offense. It is punishable by up to two years in jail and a $10,000 fine.
What to Do If Arrested while Carrying Cannabis Products?
With the exception of Austin, which has essentially decriminalized the cannabis businesses, arrests for marijuana possession are still very common- even when people are carrying legal Delta8 THC-derived products. A police officer may assume by the smell and appearance (which are almost identical) that a person is breaking the law.
Everyone has the right to refuse a search unless it is in connection with another crime for which they are being arrested. Never agree to a search, even if the cannabis on your person is legal- as it removes any defense argument for an unlawful search.
It is crucial to contact a defense lawyer immediately upon arrest to ensure products are tested for Delta 9 THC concentration to prove legality. The sooner someone speaks to their drug crime attorney about their marijuana arrest, the better their chances of avoiding a charge.
Secure the Best Defence in Ft. Worth Texas through Sparks Law Firm
As petitions from the cannabis industry for the legalization of cannabis products continue to gather support and pressurize governments, the understanding of what is and is not legal grows more complex than ever before.
Marijuana remains a largely illegal product in Texas- including Indica cannabis plants.
There is a lot of confusion between Texas lawmakers and residents alike, which can lead to questionable arrests.
If someone is arrested for possession or use of marijuana-related products in Texas, they could face criminal penalties- so it is important to contact a lawyer as soon as possible to build a defense.
Sparks Law Firm is a leading criminal defense team in Fort Worth, Texas. Being arrested with a controlled substance- especially one as controversial as cannabis- can lead to complex cases, a drug conviction, and a prison sentence. This team has the expertise and legal knowledge to provide the best defense.
Arrange a free consultation today to discuss an arrest or charge with experts who will fight for fair treatment and just results.
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