Texas Medical Cannabis Law Have And Recreational Cannabis

Texas laws on cannabis are in flux, and there is considerable confusion about what is legal and what is not. Since 2019, the state legislature has legalized some forms of marijuana, but things are changing.

Generally, medical marijuana is legal in limited circumstances in Texas, but recreational cannabis possession is still illegal, and can still be prosecuted. However, certain jurisdictions have chosen not to enforce those laws to the fullest extent, but many still do.

Keep reading for the latest updates on the state’s stance on medical cannabis and recreational cannabis. If you have been charged with drug possession or a related crime, contact our drug possession lawyers in Harris County at Mark Diaz & Associates in Galveston for legal assistance.

Marijuana possession is not charged as often today, but it is still possible, and the consequences of a conviction are severe. Our criminal defense attorneys know how to find weaknesses in the prosecutor’s case that could lead to a reduction of charges and even dismissal.

Medical Cannabis – The Texas Compassionate Use Program

The state legislature passed the Compassionate Use Act in 2015, which made it legal to use low-THC cannabis in medical products for patients with certain types of epilepsy. The law was expanded in 2019 and again in 2021 to include other medical conditions.

According to the law, ‘low-THC cannabis’ means the plant Cannabis Sativa L and any part of it that does not contain more than 1% by weight of tetrahydrocannabinol (THC). Today, the Compassionate Use Law allowing for the use of medical cannabis applies to the following medical conditions:

  • Seizure disorder

  • Epilepsy

  • Spasticity

  • Cancer

  • Autism

  • PTSD

  • Incurable neurodegenerative diseases

  • Amyotrophic lateral sclerosis

  • Multiple sclerosis

Hemp and CBD Products

Following the 2018 federal legalization of hemp, Texas enacted House Bill 1325 in 2019, legalizing hemp products containing less than 0.3% THC. This led to the widespread availability of CBD products. However, the legal status of certain hemp-derived cannabinoids, such as delta-8 THC, remains ambiguous and has been subject to legal challenges. TEXAS TRIBUNE

Recent Developments: In 2023, the Texas Legislature considered several bills aimed at reforming cannabis laws, including proposals to decriminalize certain offenses and expand the medical cannabis program. Notably, House Bill 1805, which aimed to raise the THC cap on medical cannabis products, was signed into law and took effect on September 1, 2023. TEXAS CANNABIS

Despite these developments, Texas maintains a conservative stance on cannabis, with limited medical use permitted.

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