Best Cannabis Law Lawyers in Texas

About Cannabis Law in Texas, United States

Cannabis law in Texas is among the strictest in the United States. While federal law continues to classify cannabis as a Schedule I controlled substance, each state has the authority to enact its own laws. In Texas, the use, possession, sale, and cultivation of marijuana for recreational purposes is illegal. The state has a limited medical cannabis program, which only permits the use of low-THC cannabis oil for certain qualifying medical conditions. Enforcement of cannabis-related offenses remains a high priority for law enforcement in Texas, and penalties can be severe even for minor infractions.

Why You May Need a Lawyer

There are many situations in which individuals and businesses might need legal counsel for cannabis-related issues in Texas. Here are some common scenarios:

• Being charged with possession, sale, or cultivation of marijuana or cannabis products
• Facing employment consequences due to a cannabis-related criminal record
• Seeking to understand or comply with the Texas Compassionate Use Program (CUP) as a patient, caregiver, or medical provider
• Owning or operating a CBD or hemp business and needing guidance on compliance
• Having property or assets seized due to alleged marijuana offenses
• Wanting to clean or expunge a past marijuana-related conviction from your criminal record

In these and many other situations, the advice of an attorney who understands the intricacies of Texas cannabis law can be crucial.

Local Laws Overview

Texas law distinguishes sharply between cannabis, hemp, and CBD. These are the most important aspects to be aware of:

• Marijuana Possession: It is illegal to possess any amount of marijuana. Possession of up to two ounces is a Class B misdemeanor, punishable by up to 180 days in jail and a fine.
• Marijuana Sale and Manufacture: The manufacture, delivery, or sale of marijuana brings much harsher penalties, including possible felony charges and significant prison time for larger quantities.
• Medical Use: The Texas Compassionate Use Program allows qualifying patients to access low-THC cannabis oil (no more than 1 percent THC by weight) with a prescription from a certified physician, but the program is very restrictive and serves a limited set of conditions.
• Hemp and CBD: Following the 2019 Texas Hemp Law, hemp products and CBD products with less than 0.3 percent THC are legal. However, there are strict rules for testing, labeling, and licensing for producers and sellers.
• Drug-Free Zones: Penalties are enhanced for offenses occurring in drug-free zones such as schools or youth centers.
• Decriminalization Efforts: While a few Texas cities and counties have chosen to reduce marijuana enforcement or issue citations instead of making arrests, state law remains unchanged and can be enforced by state authorities.

It is very important to keep in mind that federal law still prohibits all forms of marijuana, and violations can trigger federal prosecution in some circumstances.

Frequently Asked Questions

Is recreational marijuana legal in Texas?

No, recreational marijuana is illegal in Texas. Possession of any amount can result in criminal charges.

Can I get medical marijuana in Texas?

Texas allows certain patients with qualifying conditions to access low-THC cannabis oil through the Texas Compassionate Use Program. The program has strict qualification and prescription requirements.

What are the penalties for possessing marijuana?

Possession of two ounces or less is a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000. Penalties increase with the amount possessed.

Are CBD and hemp legal in Texas?

Yes, as long as CBD products are derived from hemp and contain less than 0.3 percent THC. Businesses selling these products must comply with state regulations on testing and labeling.

Is it legal to grow marijuana for personal use?

No, growing marijuana plants is illegal in Texas for any purpose unless you are specifically licensed for medical research or as part of a state-sanctioned program.

Can I be fired for testing positive for marijuana even if I have a prescription?

Yes. Texas is an at-will employment state, and most employers can terminate employment for a positive marijuana drug test regardless of participation in the state’s medical program.

What should I do if I am arrested on a marijuana charge?

Exercise your right to remain silent and ask to speak with an attorney as soon as possible. Do not give statements to law enforcement without legal representation.

How can I have a marijuana conviction removed from my record?

Some cannabis-related convictions may be eligible for expungement or orders of nondisclosure depending on the circumstances. An attorney can assess your case and advise you on available options.

Are there differences in laws between Texas cities about marijuana?

Some cities and counties have diversion or cite and release programs, but these do not change state law. You can still be prosecuted under state law anywhere in Texas.

Can I bring legal hemp or CBD products across state lines?

Traveling with hemp or CBD products that meet legal definitions is generally allowed, but you could still face scrutiny from law enforcement. Always carry proof of legal purchase and ensure products comply with federal and state law to minimize risk.

Additional Resources

If you need more information or legal help regarding cannabis law in Texas, the following resources can be valuable:

• Texas Department of Public Safety - Responsible for implementing the Compassionate Use Program
• Texas Health and Human Services - Health regulations for hemp and CBD products
• State Bar of Texas - Lawyer referral and legal information
• Local Legal Aid Societies - Offer support for low-income residents facing criminal charges
• Texas Department of Agriculture - Oversees hemp growing, licensing, and compliance
• Legislative Information Services - Track current bills and changes in Texas marijuana laws

Next Steps

If you or someone you know is facing a legal issue related to cannabis in Texas, take these steps:

• Document all details related to your case, including any contact with law enforcement and relevant paperwork
• Do not discuss your situation with anyone except a qualified attorney
• Contact a lawyer experienced in Texas cannabis law as soon as possible for a case evaluation
• Ask your attorney about your options, including possible defenses, diversion programs, or opportunities for expungement
• Stay informed about state and local law changes that could affect your legal rights and obligations

Knowledgeable legal assistance can make a significant difference in the outcome of your case and protect your rights under Texas law.