So far so simple, but this is the USA! In fact, the resulting change has led to the dropping of hundreds of marijuana possession cases as the prosecutors claim they do not have the resources to detect the exact amount of THC found in the seized substances. As a result, Texan marijuana prosecutions have dropped by around 50%.
Penalties in Texas remain among the most severe in the USA. In summer 2019, the Texas Department of Public Safety ordered its police officers not to arrest people but to issue citations whenever possible in misdemeanor marijuana possession cases, which still carry a penalty of up to a year in jail and a $4,000 fine. Other cities, such as El Paso, are considering enacting the “cite-and-release” policies. In Austin, the city council voted against arresting and fining citizens found in possession on marijuana, and to cease spending funds on testing for THC levels. However, there was push back from the police chief who claimed he would continue to issue tickets and arrest people, despite the fact that no penalties would arise.
Is marijuana legal in Texas?
Cannabis oil has been legal since June 1, 2015, when Governor Greg Abbott signed the Texas Compassionate Use Act, which permits the use of low THC CBD oil to treat epilepsy in Texas. Abbott’s caveats his support: “I remain convinced that Texas should not legalize marijuana, it should only open the door to conventional marijuana for medicinal use. This followed a House of 96-34 vote on SB339.
Cannabis is illegal in Texas and has been since 1931. However, there is currently some confusion. In 2019, the Texan federal government decided that hemp could be legalized, although marijuana could not, even though they grow from the same plant. Basically, marijuana is the part that contains THC – still illegal – while hemp contains cannabinoids or CBD, which are popularly used for medicinal purposes. In 2019, hemp was legalized in Texas when the state legislature passed HB 1325. The law came into effect on June 10, 2019, making cannabis with less than 0.3% legal hemp as THC, while anything more important is considered marijuana.
This is a confusing time for people considering growing cannabis in Texas. There may well be further relaxation of the rules in the future. A recent poll suggested a majority of voters were in favor of marijuana legalization, especially for medicinal use.
** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $10,000
Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.
Any sale to a minor is punishable by 2 – 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level.
* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.
Texas NORML, Inc.
3517 Bar West Blvd. PMB #205
Austin, TX 78731
Phone: (512) 585-3846
Contact: Josh Schimberg
E-mail: [email protected]