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Is Weed Legal in Texas?

Under Texas law dating back to 1932, it is illegal to consume marijuana for either medical or recreational purposes. However, Texas just recently legalized hemp and CBD for public use, showing some signs of progress.

 

The legalization of hemp has done some good for Texas as hundreds of marijuana cases were dropped because Texas does not have the requisite testing facilities to determine how much THC is in the plant. Government officials insist that the legalization of hemp did not decriminalize marijuana and the prosecutors who dropped all the charges were not doing their job properly. Despite this, marijuana charges have declined rapidly since the legalization of hemp which could lead to a bright new future for marijuana in Texas.

Buying Marijuana in Texas

For now, medical and recreational marijuana are both illegal in Texas and have yet to even be decriminalized. Therefore, there is no place to legally purchase herb across the state. The legalization of hemp has left law enforcement confused about how to go about charging people for marijuana possession as well. A man was just arrested for transporting legal hemp he had purchased moments before. While this is a rare case, it shows that Texas law enforcement is not yet trained in dealing with the matter and may attempt to arrest people for hemp possession.

Buying Marijuana at a Retail Location

With the legalization of hemp, the market exploded, and people everywhere are purchasing hemp products. Since there are no laws requiring licenses to sell hemp, it is unclear how many stores are selling the product but there certainly has been an uptick. Outside of hemp and CBD oil, no other marijuana product can be purchased in a retail location.

Using a Marijuana Delivery Service

There is no legal system to deliver marijuana in Texas. Even hemp or CBD oil must be purchased in person in a store. However, law enforcement and lawmakers are struggling to create a cohesive system to enforce hemp and CBD products. Therefore, it is unclear how this will change in the future but stay tuned for updates.

Store Hours

Since there are no requirements or registration to sell hemp or CBD, stores can elect to stay open as long as they want and sell these products. Most places will not sell CBD or hemp as their only product, but it can be found at many health and wellness stores. Therefore, always check store hours before making your trip to find hemp or CBD.

Purchasing Restrictions

It would appear that when Texas lawmakers passed legislation to legalize hemp and CBD products containing less than 0.3% THC, they did think about the logistics. There was no mention of how much hemp or THC one could sell or purchase. Therefore, there is no definitive purchasing restriction.

Available Products

Any marijuana product containing 0.3% or more THC is very much illegal in Texas. However, people are legally allowed to purchase marijuana products with less than 0.3% THC. This includes products like hemp and CBD. Hemp is now used in many products like lotion, ointments and pills. CBD also comes in similar products.

Taxes on Marijuana in Texas

Taxes on Recreational Marijuana in Texas

Recreational marijuana is illegal and not yet decriminalized in Texas, so any purchase does not go through a legal system or regulation and taxation. Hemp on the other hand is just considered a standard good and only faces the regular state sales tax of 6.25%.

Taxes on Medical Marijuana in Texas

Medical marijuana is also illegal in Texas so there is also no taxation implemented because the program doesn’t exist. As mentioned above, hemp and CBD are also only considered standard products meaning there is no special taxation on the product. Therefore, one should just expect to be taxed Texas’ sales tax of 6.25%.

Possession

Possession of any amount of marijuana is still a criminal offense in Texas. There has been recent legislation to prevent police from arresting people possessing small amounts of marijuana – a ½ ounce or less. However, people will still be charged with a misdemeanor that remains on their record alongside a fine of $500. However, any more than a ½ ounce of marijuana will carry a felony charge, massive fines, and jail times, all at the discretion judge carrying out the case.

 

As for hemp and CBD oil, there is no possession limit. To illustrate this, a man was just recently arrested for transporting 3,350 pounds of hemp. He was pulled over and arrested on the spot. After a month of incarceration, the “marijuana” was tested in a federal crime lab and determined it was indeed hemp. After the results, he was released from jail with no fines or charges. Therefore, there truly is not a limit to how much hemp one can possess, but we are sure that Texas law enforcement is seeking a balance to restrict people from carrying 3,350 pounds.

Using Marijuana in Texas

Nobody is allowed to use marijuana in Texas as it is still illegal and not yet decimalized. While 80% of voters are in favor of decriminalizing marijuana, this process has been slowed by the COVID-19 pandemic. For now, however, if anyone is caught using marijuana in Texas there are serious penalties and the cops will crack down hard. It is also important to know that possession or use of marijuana in certain areas can yield greater penalties in Texas. In places near schools or health centers or around minors are much more severe crimes than say the privacy of one’s own home.

 

As for Hemp and CBD, there is no regulation on where someone can consume these products and there is virtually no way to detect somebody consuming these products. It is always best practice to consume hemp or CBD at home and away from the public, but Texas has not made mention of where one can or cannot consume these medicinal products.

Smoking on Federal Lands

Marijuana of any kind is still illegal on a federal level. Essentially what this means is that any land that is owned by the federal government puts you in the feds jurisdiction where marijuana is illegal. Therefore, if you are caught possessing and/or consuming marijuana on federally owned land, you will be prosecuted by the feds.

Medical Marijuana in Texas

Texas unfortunately hasn’t even drafted a medical marijuana bill. This means that we have no idea how long it will be until a medical marijuana program is established in Texas. We’re hopeful for the future, and one positive indicator is that the current governor has allowed patients who have epilepsy to consume CBD oil with less than 0.5% THC. We will be sure to keep you updated with any change in legislation!

How to Get a Medical Marijuana Card in Texas

As of now, there is no medical marijuana program in Texas meaning there is no way to obtain a card. Texas does not allow for anyone to purchase medical marijuana no matter their condition, so a card is useless in Texas.

Out of State Medical Cards Texas

Texas still hasn’t even drafted a marijuana bill so it is unclear on how they will view out of state medical cards. Because Texas has strict marijuana laws, it seems more likely that the state will not accept out of state medical cards. However, stay tuned for updates.

How to Transport Marijuana in Texas

Transporting Marijuana in Texas

Hemp and CBD oil with less than 0.3% CBD can be transported around the state. Texas has not specified how it must be transported so one can legally have it anywhere in their car. That being said, many Texas police have mistaken hemp with marijuana and have arrested innocent people. Unfortunately, those arrested will remain in jail until a THC concentration test can be completed. Therefore, do yourself a favor and leave any hemp or CBD product in the trunk and out of sight of the public eye.

Driving While Under the Influence of Marijuana

There is no legal limit for driving under the influence of marijuana in Texas. Instead, any trace of marijuana in one’s system is illegal. Driving under the influence of marijuana is always a bad idea and can result in massive legal problems similar to a DUI. If found driving under the influence of marijuana,  it is likely one’s license will be suspended, and one will have to pay massive legal fines and carry out court-mandated punishment. If you are high, please consider using public transportation or have a sober driver take you home.

Driving Across State Lines with Marijuana

As you may know, the state borders are under federal jurisdiction, where cannabis is still illegal. Therefore, driving across state lines puts the driver and anyone in the car under federal law. If caught transporting marijuana across state lines, one will be prosecuted on a federal level which levies massive fines and possible jail time, even if weed is legal in the state you are driving to. Therefore, be smart and never attempt to cross state lines, the feds will be looking for you!

Growing Marijuana in Texas

Nobody is allowed to grow any sort of marijuana in Texas. Even if it is hemp, one still must visit a store to purchase the product. Since marijuana is illegal in Texas and not yet decriminalized, growing will not be tolerated. Getting caught growing marijuana in Texas will tarnish your record and land you in serious trouble. Therefore, there is no way to obtain marijuana in Texas for now, but we will keep you updated as these rules might change.

 

Resources

https://www.texastribune.org/2020/01/28/texas-marijuana-laws-2020-what-you-need-know/

https://www.dshs.texas.gov/consumerprotection/hemp-program/default.aspx

https://comptroller.texas.gov/taxes/sales/faq/local.php