.png)
While most states have legalized the use and sale of recreational cannabis, Texas has yet to follow. The state has some of the harshest penalties for the consumption and distribution of pot.
On the other hand, the 2015 Compassionate Use Act and the 2019 House Bill 1325 have raised a lot of confusion among the local population and law enforcement officers in regard to the use and sale of cannabis and hemp-derived products.
Due to recent changes in Texas legislation, police officials have made wrongful arrests. However, most prosecutors are not taking up such cases without proper lab tests.
If you're facing an illegal arrest or drug-related charges in Fort Worth, Texas, contact Sparks Law Firm. Our proactive criminal defense attorneys are ready to work with you every step of the way, ensuring proper legal representation and speedy justice! We're also here to assist with other questions like Is THCa legal in Texas?
What Is the Definition of Marijuana Under Texas Law?
Under Chapter 481 of the Texas Controlled Substances Act, the word "marihuana" (marijuana) refers to the plant Cannabis sativa L, the seeds, and all of its compounds or the preparation of the marijuana plant or its seeds. This definition does not include the following:
Resin of the plant
Mature stalks of the plant
Sterilized seeds of the plant
Hemp
Is the Use of Cannabis Legal in Texas?
Under the Texas Health and Safety Code, marijuana possession and consumption is illegal in the Lone Star State. The penalties may range from a Class B misdemeanor to a first-degree penalty, depending on the facts surrounding the case.
House Bill 1325 recently allowed the consumption, sale, and distribution of hemp and hemp-derived products in Texas. This legislation has led to many Delta-8 products popping up at every gas station. These are derived from hemp and chemically altered to produce highs similar to those of Delta-9-tetrahydrocannabinol (THC), the controlled substance that induces feelings of euphoria.
Currently, there is a case regarding the sale of Delta-8 products in Texas. Until the court comes to a resolution, these items are considered legal in the state. However, it's important to adhere to the local rules.
Texas District Schools have issued notices to parents and students about banning the use of Delta-8 vapes on school property. Also, there is a law that prohibits the sale of such products to people under the age of 21. This age restriction was recently raised from 18 to discourage consumption among teenagers. For more information, Fort Worth drug defense attorneys may be able to help.
Is Medical Cannabis Legal in Texas?
Although recreational cannabis is illegal in Texas, the 2015 Compassion Use Act makes medical marijuana with low concentrations of THC (1% or less) legal in the Lone Star State. Doctors can prescribe cannabis tinctures and gummies to treat certain illnesses in patients.
Is Cannabis Delivery Legal in Texas?
While recreational cannabis is legal in some states, it is still illegal in Texas. This means that the purchase, sale, and distribution, including delivery, of marijuana is against the law, and there are severe penalties for the offender.
On the other hand, the state's Compassion Use Act extends to delivery services. A medical cannabis patient can legally purchase low-THC marijuana to cure a narrow list of illnesses or provide relief.
According to the Texas Department of Public Safety regulations, approved dispensaries can provide home delivery services to eligible patients. However, it's important to note that not everyone may qualify for the use of medical cannabis in the Lone Star State.
What Are the Penalties for Recreational Cannabis Use in Texas?
The criminal penalties for recreational cannabis use in Texas vary depending on the offense. Possession of up to 2 ounces of marijuana is a Class B misdemeanor, and the offender may have to spend up to 180 days in jail and pay a maximum fine of $2,000.
If a law enforcement officer detains someone in custody of two to four ounces of recreational cannabis, the penalties are harsher. It's charged as a Class A misdemeanor, and the offender may face up to a year in county jail and a maximum fine of $4,000.
The law treats anyone caught possessing more than four ounces of recreational marijuana as a felony. Depending on the facts surrounding the case, charges may range from state jail felony to first-degree felony.
Another thing to note is that registered patients can purchase gummies, lozenges, drinks, lotions, and tinctures containing the approved level of THC from dispensaries, but they cannot smoke medical cannabis. This makes possession of drug paraphernalia also illegal in Texas.
Whether it's for medical or recreational use, owning a bong or pipe is a Class C misdemeanor, which is punishable by a maximum fine of $500.
What Are the Penalties for Delivery of Recreational Marijuana?
Under Section 481.120 of the Texas Health and Safety Code, the following are the penalties for the delivery of marijuana according to the amount of cannabis involved:
Seven grams or less (as a gift)
Class B misdemeanor
Maximum jail time: 180 days
Maximum fine: $2,000
Seven grams or less
Class A misdemeanor
Maximum jail time: One year
Maximum fine: $4,000
Between seven grams and five pounds
State jail felony
Mandatory minimum sentence: 180 days
Maximum jail sentence: Two years
Maximum fine: $10,000
Between five and 50 pounds
Third-degree felony
Mandatory minimum sentence: Two years
Maximum jail sentence: 20 years
Maximum fine: $10,000
Between 50 and 2,000 pounds
Second-degree felony
Mandatory minimum sentence: Five years
Maximum jail sentence: 99 years
Maximum fine: $10,000
More than 2,000 pounds
First-degree felony
Mandatory minimum sentence: 10 years
Maximum jail sentence: 99 years
Maximum fine: $100,000
The Texas law also has severe penalties in place for selling marijuana to children. It's a second-degree felony with punishments including jail time (between two and 20 years of imprisonment) and hefty fines (up to $10,000).
Can a Criminal Defense Attorney Help Avoid Jail Time in a Marijuana-related Case?
While marijuana possession and sale in the Lone Star State are illegal, it's crucial for law enforcement officers to follow the correct protocol before and during the arrest. Failure to do so can lead to a violation of the Fourth Amendment rights, which can be used in court to have the charges dismissed or reduced.
For example, if a police officer detains someone without probable cause in Bexar County and finds out that the person was making a cannabis home delivery, they may consider filing charges. However, since the Constitution protects an individual's Fourth Amendment rights, an attorney can argue that the law enforcement official made an illegal arrest. They can also help with other questions such as Are CBD gummies legal in Texas?
Have Your Drug-related Charges Dismissed or Reduced with Sparks Law Firm!
If you're facing drug-related charges for home delivery of marijuana in Fort Worth, Texas, call us for a free case evaluation. Our reputable criminal defense attorneys will not leave you in the dark and work with you every step of the way to ensure speedy justice!
Comments