What Forms of Marijuana are Legal in Texas?
Medical marijuana, hemp, cannabidiol (CBD), Delta-8, and more? What’s legal and what isn’t in Texas? It’s understandable if you’re confused; unfortunately, prosecutors aren’t always sympathetic and understanding. That’s why you need experienced defense attorneys like the Law Office of Kenneth W Mullen PC.
But let’s try to clear the air regarding what is, and isn’t, okay in Texas.
Federal Law Still Prohibits Marijuana Use
As a reminder, no matter what Texas or other states are doing to legalize use under state law, don’t forget that, under federal law, marijuana is still illegal.
Marijuana
Broadly speaking, marijuana, whether it is a cannabis plant or any derivative made from it, is illegal in Texas if it has a tetrahydrocannabinol (THC) concentration of more than 0.3%.
Low-THC/Medical Marijuana
Texas passed a state law that allows limited use of medical marijuana.
The law only allows eligible patients—who suffer from a list of specific diseases or conditions—to receive a prescription for “Low-THC Cannabis,” meaning the THC in the plant or any derivative product must not be more than 1.0 percent by weight.
Furthermore, the law does not allow eligible patients to grow or smoke cannabis. They may only use approved products purchased from a registered dispensing organization.
Hemp and CBD
As explained by Texas Tribune, hemp, with a THC concentration of less than 0.3 percent, is now legal in Texas.
Similarly, CBD is the nonpsychoactive compound of cannabis. CBD sale is legal throughout Texas, as long as it, too, has a THC concentration of less than 0.3 percent.
However, law enforcement is struggling with this distinction—arresting those in possession of hemp or CBD—so it’s important to have an experienced defense attorney at the Law Office of Kenneth W Mullen PC ready to defend you in such cases.
Delta-8
Delta-8 is another substance from cannabis, typically made from CBD, that is illegal under state law. There is a pending case in state court challenging Delta-8’s illegality.
If you’ve been arrested for marijuana possession or distribution, the quickly changing laws aren’t going to help you. What will make a difference in your case is having an experienced lawyer at your side—one who knows how to provide you with the best defense possible. Contact the Law Office of Kenneth W Mullen PC for a free consultation.
In The News
We're Ready to Fight
For You Put Your Case
In Qualified Hands
When we take on your case, we work thoroughly and diligently to meet your legal goals and objectives. We believe in working as hard for you as we would if you were family. To that end, we take an aggressive approach both at the negotiation table and in court, fighting for your legal rights and best interests. When you bring your case to our firm, we will begin by thoroughly analyzing all aspects of it to give you our legal opinion, advice, and guidance as to how best to proceed and realistic expectations as to what may occur throughout the legal process.
Our firm offers 24/7 access to an attorney along with legal service in Spanish. If you or someone you know is facing a legal problem in the above practice areas, we urge you to take advantage of a free consultation by phone or in person where you can discuss the specifics of your case. Get the guidance you need from a seasoned and knowledgeable legal professional whose sole aim will be to act as your advocate in helping you reach a successful outcome.
Contact Us
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
