As the legalization of cannabis evolves across the United States, it can be hard to keep track of the varying state laws regarding cannabis. While some states continue to foreclose efforts to legalize cannabis, progress continues to be made in state-level legalization.
Recently, the Texas Department of Public Safety announced that it was opening the application process for dispensing organization licensing in Texas. Consumers and business owners in Texas’ cannabis community who desire to apply must familiarize themselves with regulations throughout the state. With advice from an experienced cannabis firm like Ritter Spencer Cheng, businesses and consumers can better understand cannabis, hemp, hemp derivatives, and CBD usage in the state of Texas. Below, we have outlined Texas legalities regarding cannabis and its derived products.
Is Cannabis Legal In Texas?
It is illegal to possess and distribute cannabis in Texas. Cannabis remains a scheduled substance in the state of Texas. However, Texas does have a valid medicinal program that permits possession by qualified patients under limited circumstances. Texas lawmakers permit medical marijuana for particular medical conditions outlined by the Texas Compassionate Use Program. Established in 2015, the TCUP created a secure registry for licensed physicians to prescribe low-THC medical marijuana to patients with qualifying medical conditions, including epilepsy, autism, cancer, post-traumatic stress disorder, and more.
Hemp, which is the plant Cannabis sativa L. containing less than 0.3% THC on a dry weight basis, is legal under the 2018 Farm Bill. Texas began its participation in the federal hemp program when it passed HB 1325 in 2019.While hemp and its CBD derivatives are legal to buy, sell, and possess within the state, the Texas Department of State Health Services (“DSHS”) prohibits the processing and manufacturing of smokable hemp. The Texas Supreme Court upheld this ban in June 2022 and recently, DSHS announced it would begin enforcement activities against those processing and manufacturing smokable hemp.
What Are The Penalties For Cannabis Possession In Texas?
Disclaimer: While the below provides information on penalty ranges, Ritter Spencer Cheng is a civil law firm that does not practice criminal law or provide advice regarding criminal charges. If you have been arrested for a cannabis related offense, you will need to contact a criminal law attorney.
Although many cities have adopted policies of non-enforcement (often called decriminalization), Texas law still penalizes simple cannabis possession. Punishments vary depending on the amount of cannabis in the person’s possession, with more severe consequences for those possessing usable quantities in drug-free zones like schools, playgrounds, and youth centers. Below is the range of penalties.
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- Two ounces or less: qualifies as a Class B misdemeanor warranting up to 180 days in jail and a $2,000 fine
- Between four or two ounces: qualifies as a Class B misdemeanor warranting up to one year of jail time and a $4,000 fine
- Between five and four ounces: qualifies as a state jail felony warranting 180 days to two years in prison and a $10,000 fine
- Between 50 and five pounds: qualifies as a second-degree felony warranting two to 20 years in prison and a $10,000 fine
- Between 2,000 and 50 pounds: qualifies as a first-degree felony warranting prison for life or five to 99 years and a $10,000 fine
- 2,000 pounds or more: qualifies as a first-degree felony warranting prison for life or 10 to 99 years and a $100,000 fin
What Are The Penalties For Cannabis Distribution In Texas
Texas law prohibits the voluntary distribution of cannabis. Like possession penalties, legal consequences for cannabis distribution vary based on the amount sold or possessed with the intent to sell, with increased penalties for selling in drug-free zones. Below is the range of penalties.
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- Gifting ¼ ounce or less: qualifies as a Class B misdemeanor warranting up to 180 days in jail and a $2,000 fine
- Selling ¼ ounce or less: qualifies as a Class A misdemeanor warranting up to one year of jail time and a $4,000 fine
- Between five pounds and ¼ ounce: qualifies as a state jail felony warranting 180 days to two years in prison and a $10,000 fine
- Between 50 and five pounds: qualifies as a second-degree felony warranting two to 20 years in prison and a $10,000 fine
- Between 2,000 and 50 pounds: qualifies as a first-degree felony warranting prison for life or five to 99 years and a $10,000 fine
- 2,000 pounds or more: qualifies as a first-degree felony warranting prison for life or 10 to 99 years and a $100,000 fine
How Do Texas Laws Compare To Those Of Other States?
Cannabis legislation widely varies from state to state. Texas’s laws are relatively strict in contrast to more progressive areas. In 27 states and Washington, D.C., lawmakers have decriminalized possession of specific amounts of cannabis for personal use. Many of these states charge offenders with less severe penalties, like fines or drug education. Meanwhile, in Texas, cannabis possession offenders may still face legal penalties depending on their amount.
Members of the Texas cannabis community should be aware of the significant complexities of their state’s legal standings on cannabis. By working with trusted cannabis attorneys like Chelse Spencer, clients gain the counsel necessary to advance in the hemp, CBD, and cannabis industries while taking legal precautions. Contact Ritter Spencer Cheng or give us a call at 214.295.5070 for more information.
