Posted on 3/21/22

As of now, 18 states have legalized the use of recreational marijuana. Montana, Arizona, and New Jersey all passed legislation in November 2020 to legalize adult recreational marijuana use. South Dakota passed legalization through a ballot measure, but the Supreme Court nullified it in 2021. With more states than ever legalizing marijuana, many Texans are wondering when recreational marijuana will finally be legal in our state.

Texas Marijuana Laws

Marijuana is still illegal in Texas, although there are some local variations on how Texas is marijuana law should be enforced. Marijuana is classified as a schedule 1 substance in Texas. This means that marijuana is considered to have a high potential for abuse and no broadly recognized medical value. Texas does make limited exceptions for low-THC cannabidiol oils for certain epileptic conditions. A suspect found to be in possession of 2 oz, or less of cannabis or cannabis products will face Class B misdemeanor charges. The penalties include up to 180 days in jail, a fine of up to $2,000, or both. The penalties for possession of between 2 oz and 4 oz are more serious and include up to a year in jail,  a fine of up to $4,000, or both.

Can Judges Tell The Difference Between CBD and THC?

Gummies, oils, flowers, and food that contain Delta 8 THC, CBD, and other marijuana products are becoming popular. Knowing what you can and cannot possess in Texas has become more confusing and nebulous. You have probably seen some of the legal forms of cannabis on sale in your local smoke shop, gas station, or supplements in your health or grocery store. These products look like they are marijuana products because of their marketing. However, many of them are made with CBD, a non-psychoactive cannabinoid taken from the hemp plant. 

Seeing all these products in the store makes many people assume that Texas is on its way to legalizing recreational marijuana. As of right now, only industrial hemp, and therefore CBD, are legal in Texas currently. Texas prosecutors have been running into the problem of police not testing the accuracy of THC or CBD levels in cannabis products. In Texas, industrial Hemp is legal, but psychoactive marijuana is not legal. 

We do not have the testing technology needed for law enforcement officers to tell what a defendant has in his or her possession. Defendants who are in possession of products with legal CBD may be charged with marijuana possession even though they are innocent. The penalties for marijuana possession in Texas depend on the specific amount of cannabis or THC involved. When prosecutors cannot prove, with accuracy, the amount of marijuana, a defense attorney can step in and argue for the charges to be dismissed or lowered.

Contact a Dallas/Ft. Worth Criminal Defense Attorney

If you have been charged with marijuana possession or distribution, your future and freedom are at stake. Contact the experienced criminal defense lawyers at The Abel Law Firm today to schedule your initial consultation and learn more about how we can protect your rights.

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Phone: 972.584.7837

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