Changes Enacted to Texas Laws Regarding Medical Cannabis

 Posted on August 12, 2019 in Criminal Defense

Many states have passed laws that legalize the use of marijuana, both medically and recreationally. Texas has been historically recognized as one of the most conservative states and the use of cannabis is labeled as more liberally leaning. However, Texas legislation has begun to move toward this “liberal pathway.” In early June, House Bill 3703 was signed by Governor Greg Abbott. This bill expands medical marijuana access and use across the state of Texas, but still has strong regulations over the substance that could lead to criminal drug charges.

The Details of House Bill 3703

On June 14, House Bill 3703 was signed, effective immediately. This law now allows people with certain medical conditions to be eligible for medical marijuana use. Patients suffering from multiple sclerosis, seizure disorders, terminal cancer, autism, spasticity, or incurable neurodegenerative disease access to medical marijuana treatments. However, this form of medication cannot be smoked and must be used in the form of an oil or an inhaler. The CBD oil that is legal in Texas contains low levels of THC, the psychoactive element found in marijuana. Medicinal CBD products that are legal in Texas only contain 0.5 percent THC and over-the-counter CBD products have 0.3 percent. The intent of this bill is to allow those with the specified health issues to benefit from medical marijuana use while continuing to restrict the public or social use of the substance.

What Is Still Deemed “Illegal” in Texas?

All other drug charges that are tied to marijuana possession or sale remain intact despite the recent legal acceptance of medical marijuana. The following are the charges and punishments associated with the possession and sale of cannabis in Texas:

Possession:

• Under 2 oz. - Class B Misdemeanor: 180 days in confinement and $2,000 fine. 

• 2 to  4 oz. - Class A Misdemeanor: 1 year in confinement and $4,000 fine.

• 4 oz. to 5 lbs. - State Jail Felony: 180 days-2 years in confinement and $10,000 fine.

• 5 to 50 lbs. - 3rd Degree Felony: 2-10 years in confinement and $10,000 fine.

• 50 to 2000 lbs. - 2nd Degree Felony: 2-20 years in confinement and $10,000 fine.

Sale:

• 0.25 oz. or less - Class B Misdemeanor (if no remuneration): 180 days in confinement and $2,000 fine.

• 0.25 oz. or less - Class A Misdemeanor (with remuneration): 1 year in confinement and $4,000 fine.

• 0.25 oz. to 5 lbs. - State Jail Felony: 180 days-2 years in confinement and $10,000 fine.

• 5lbs. to 50 lbs. - 2nd Degree Felony: 2-20 years in confinement and $10,000 fine.

• 50 to 2000 lbs. - 1st Degree Felony: 5-99 years or life in confinement and $10,000 fine.

Contact a Plano Drug Crimes Defense Lawyer

Being accused of a drug crime can be devastating and significantly impact your future if you are convicted. Misunderstanding the recent legal changes regarding drugs in Texas can result in significant penalties. At The Crowder Law Firm, P.C., our experienced lawyers have extensive knowledge on every detail of Texas law, including recent changes involving marijuana use for medicinal purposes. If you are facing drug charges of any kind, contact our Collin County drug charges defense attorneys at 214-544-0061 for a free consultation.

Sources:

https://www.dallasnews.com/news/politics/2019/06/14/texas-expands-access-medical-marijuana

https://www.dallasnews.com/news/politics/2019/06/14/texas-expands-access-medical-marijuana

https://www.dps.texas.gov/RSD/CUP/Laws/HB3703.pdf

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

https://texaspolitics.utexas.edu/archive/html/just/features/0201_01/crimeandp.html