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4 Facts You Probably Didn't Know About Marijuana Legalization in Texas And How It Will Affect You

Posted on in Criminal Defense

Texas Criminal Defense AttorneyThe year is 2019 and you most likely noticed the letters "CBD" boldly labeled across the front of new shops while driving down the street or your local grocery store handing out free samples of hemp-infused treats branded with Cannabis plants. What is this new wave sweeping across the nation? Cannabis is finally legal in Texas, but it’s not what you think. Times are changing for Texas residents, which is why it’s important to understand the regulations surrounding this new bill and how it can affect your use of the substance.

No, don’t start lighting up anywhere you want.

The new bill that was passed by President Trump, known as the Farm Bill, left Hemp sale and production regulation up to state lawmakers, which encouraged several states to take steps to address the legalization of Cannabis and related products – and it’s the same for Texas. To be clear, it is legal to purchase, distribute, and consume Hemp products, but it is still very much illegal to consume Marijuana.

Yes, there is a difference between Marijuana and hemp.

Hemp and Marijuana are two terms used to classify strains of the Cannabis plant. The main difference is that an oil, hemp, is derived from the plant containing less than .3% of THC, while Marijuana contains up to 30%. THC is what is known to give off psychoactive effects or that “high” feeling that is not given when consuming hemp but present in Marijuana. Unlike breathalyzers where you’ll get accurate results on the spot, there is no way to test between marijuana and hemp that is readily available seeing as tests are too costly and time consuming to conduct at the moment.

It’s still a criminal offense to use Marijuana.

Although legalizing Hemp is the first step in the right direction for Marijuana enthusiasts everywhere, Texan politicians are quick to clear up the fact that getting caught consuming Marijuana can lead to serious penalties. Possession of Marijuana may be classified as light as a "Class B" misdemeanor, carrying a sentence of up to 180 days in jail and/or a fine of no more than $10,000 for possession of two ounces or less of Marijuana. This penalty can go all the way up to life in prison and a fine of up to $50,000 for possession of over 2,000 pounds of Marijuana.

Is a Marijuana Free environment in our future?

It’s safe to say that the world is advancing towards legalizing Marijuana slowly but surely. The growth of hemp may soon be allowed in Texas, but only with the proper licensing and adhering to specific laws and regulations. As these terms are used in a legal context, it’s important to understand your rights and how to avoid potential legal complications when using Cannabis products. Need help understanding how these laws apply to you, or facing drug charges of any kind? Contact BCP Criminal Defense Attorneys at (830) 769-1010 for a free consultation.

Sources:

 https://statelaws.findlaw.com/texas-law/texas-drug-possession-laws.html https://www.nytimes.com/2019/07/19/us/texas-hemp-marijuana-legalization.html https://www.complex.com/sports/2012/06/10-dui-myths-debunked/the-penny-suck

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