Best Cannabis Law Lawyers in Houston

About Cannabis Law in Houston, United States

Cannabis law in Houston, Texas, is shaped by both state and local regulations. Unlike some states that have legalized marijuana for medical or recreational use, Texas maintains strict laws that generally prohibit the possession, sale, and cultivation of cannabis. However, there have been some recent efforts at local levels to reduce penalties for minor cannabis offenses and implement diversion programs. It is important for residents and visitors to understand that cannabis is still illegal under Texas state law except for very limited medical use under the state's Compassionate Use Program. Federal law also applies, which continues to classify cannabis as a Schedule I controlled substance.

Why You May Need a Lawyer

Navigating cannabis law can be complicated and legal consequences can be severe if you are not fully informed. You may need a lawyer for various reasons, including:

• If you are arrested or charged with possession, distribution, or cultivation of cannabis.
• If you have prior cannabis-related convictions that you are seeking to expunge or challenge.
• If you are a business owner interested in entering the cannabis or hemp market and need help understanding compliance and licensing.
• If you are a patient or caregiver seeking access to medicinal cannabis under Texas’s Compassionate Use Program and need help with the application or qualification process.
• If your property is subject to search and seizure due to suspected cannabis activity.
• If you face employment discrimination or other civil consequences related to cannabis charges or use.

Local Laws Overview

In Houston, cannabis possession, sale, and cultivation remain illegal under Texas state law. However, Harris County (where Houston is located) has implemented diversion programs for first-time offenders found in possession of small amounts of marijuana, allowing them to avoid criminal prosecution under certain conditions. Medical cannabis use is permitted in a very restricted form through the Compassionate Use Program, which is available only to patients with qualifying medical conditions and requires a prescription for low-THC cannabis products. Recreational use and possession of standard marijuana products are not legal in Houston, and penalties for violations can be serious, potentially resulting in fines, jail time, or both. Law enforcement may use discretion in some cases, but the risks remain significant.

Hemp and products derived from hemp, such as CBD oil, are legal in Texas as long as they contain no more than 0.3 percent THC. However, confusion can arise due to the similar appearance and smell of hemp and marijuana, occasionally resulting in legal complications.

Frequently Asked Questions

Is recreational marijuana legal in Houston?

No, recreational marijuana use is not legal in Houston or anywhere in Texas. Possession, sale, and cultivation of marijuana remain illegal under state law.

Can I use medical cannabis in Houston?

Medical cannabis is legal only for patients enrolled in the Texas Compassionate Use Program, which allows the use of low-THC cannabis for certain qualifying conditions.

What qualifies as a low-THC cannabis product?

In Texas, low-THC cannabis products are those with 1 percent or less by weight of tetrahydrocannabinol (THC). Only these products are permitted under the Compassionate Use Program.

What are the penalties for possessing cannabis in Houston?

Penalties depend on the amount in possession. Possessing less than 2 ounces is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Penalties increase with larger quantities.

What is the Harris County marijuana misdemeanor program?

It is a diversion program that allows eligible first-time offenders caught with small amounts of marijuana to take a drug education class, thereby avoiding formal charges and a criminal record.

How does federal law impact cannabis use in Houston?

Cannabis remains illegal under federal law, which supersedes state and local laws. Federal authorities typically do not enforce low-level possession cases but could get involved in larger operations.

Is CBD oil legal in Houston?

Yes, CBD oil derived from hemp (containing 0.3 percent THC or less) is legal in Houston and throughout Texas.

Can I grow cannabis plants at home in Houston?

No, home cultivation of marijuana plants is illegal in Houston and Texas. Even small-scale growing can lead to serious criminal penalties.

Can prior marijuana charges be expunged from my record?

Expungement may be possible in certain circumstances, such as if the charges were dismissed, you were acquitted, or you completed a pretrial diversion program. Legal assistance is recommended to explore your options.

Will a marijuana conviction affect my employment prospects?

Yes, a conviction can impact employment, as it becomes part of your criminal record. Some employers may have strict policies against hiring individuals with drug-related convictions.

Additional Resources

For those seeking more information or legal guidance, the following organizations and resources may be helpful:

• Texas Department of Public Safety - Compassionate Use Program information
• Houston Bar Association - Lawyer referral service for criminal and drug law
• Harris County Criminal Justice Center - Information on local diversion programs
• National Organization for the Reform of Marijuana Laws (NORML) Texas chapter
• Texas State Law Library - Guides to drug laws and criminal records

Next Steps

If you require legal assistance in cannabis law, it is important to act quickly, especially if you have been charged or anticipate any legal issues. Take the following steps:

• Document all relevant events and keep copies of any related paperwork or citations.
• Do not discuss your case or admit wrongdoing to law enforcement or third parties without first consulting an attorney.
• Contact a qualified criminal defense attorney or a lawyer who specializes in cannabis law.
• Utilize local legal aid services or the Houston Bar Association's referral service if you need help finding a lawyer.
• Follow the advice of your attorney and stay informed about your rights and the status of your case.

Staying informed and seeking expert legal guidance is the best way to protect your rights and interests when dealing with cannabis law issues in Houston.