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Is Weed Legal In Texas?

Weed is currently illegal to possess Texas. It also has not been decriminalized like other states have started doing. If you are caught carrying or selling marijuana  in Texas you could get jail time and a heavy fine. Anything under four ounces is a misdemeanor and anything above 4 ounces is a felony.  Edibles are also still illegal and punishment is determined by the weight of the brownie not the amount of THC inside. On the other hand, hemp is legal in Texas. In June of 2019 Texas signed into law that allowed for production, manufacturing and sale of hemp products. In March of2020 the application process opened for people who want to grow hemp. CBD is also legal in Texas if it is under 0.3% THC level.

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Status of Medical Weed In Texas


Weed is legal medically in Texas but only for certain types of medical conditions. Here are all the medical conditions that Texas allows medical weed prescriptions for ALS, Alzheimer’s Disease, Autism, Cancer (Terminal), CTE , Diabetic Neuropathy, Dementia ,Epilepsy, Multiple Sclerosis, Muscular Dystrophies, Neurodegenerative Diseases, Parkinson’s Disease, Peripheral Neuropathy, PTSD, Seizure Disorders, Spasticity. To get prescribed a med card in the lone star state you must first be living in Texas and to get a medical card in the lone state you need to be suffering from one of the following conditions stated above and have a physician who is a part of the Compassionate Use Program to prescribe you for the medical card. The person prescribing must determine that the benefit of medical cannabis outweighs the risks of consumption. There is not an age limit for people to get prescribed; people under 18 do need consent from parents. The THC limit for medical cannabis was raised to 1 percent (previously was 0.5percent).

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On the other hand recreational cannabis is still illegal and Texas is one of the worst states to get caught for weed. Professional basketball player for the LA Lakers Alex Caruso was arrested for possession of marijuana  back in June 2021. There are talks in the Texas state legislature to try and legalize smoking weed. House Bill 3248 was introduced in the Texas house of representatives in June attempting to make weed legal recreationally. Unfortunately, the law most likely will not be passed and signed into law, because there is not enough support for it.

Texas Politicians Stance On Weed

According to the University of Texas tribune a poll shows that 73 % of Democrats believe that recreational use of weed should be legalized. In the same poll only 43% of Republicans believe that weed should be legalized and 74 % of Independent 3rdparties believe that it should be legalized. The numbers are not there because the Republican party has the majority in the state. 60 percent of the population believe that weed should be legalized and the number has dramatically increased in recent years. The main reason why weed will be legalized is for tax purposes. A lot of recent states that legalized marijuana  have been taxing weed purchases like liquor creating a lot of additional revenue for the state.

The Future of Cannabis In Texas

There is one last hope on weed being legal in Texas and that is if marijuana  is legalized federally. There have been two bills introduced in the house that will most likely be passed in the house but failed in the senate in.. Within the next few years weed will most likely be legalized federally with that making the Lone Star State legal to get high in.

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Disclaimer

This blog was not written by a lawyer and should not be taken as legal advice. Cannabis laws are constantly evolving and you should speak with a qualified lawyer in your state  for any questions or advice.  The data put forth here, while to our knowledge is factual at the time this article was composed, may not be complete and should not be taken as such. 

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