Brian Foley is a marijuana lawyer and criminal defense lawyer in Conroe, Texas that represents people accused of possession of marijuana in Conroe, Houston, and the Woodlands along with the surrounding counties. Brian is a former chief prosecutor and has handled thousands of drug charges. Now he represents individuals who have been charged with a crime and need their rights protected. Marijuana is the plan Cannabis Sativa L and is spelled "Marihuana" with an "h" under the Texas Health and Safety Code. For ease of the reader and lack of confusion we spell Marijuana with a "j" on .
Is Marijuana Legal in Texas?
In general, marijuana is still illegal in Texas. In Montgomery County officers are still making arrests for less than two ounces of marihuana. In Harris County the District Attorney does not accepts marihuana charges that are filed as a misdemeanor. This means that if you have less than 4 ounces of marihuana you are not likely to be filed upon if caught by the police.
There are some limited exceptions where marihuana is legal to possess in Texas. A doctor may proscribe medical marihuana with a THC content of less than .5 percent by weight if the patient has any of the following diagnoses:
A seizure disorder
Amyotrophic lateral sclerosis
A terminal cancer; or
An incurable neurodegenerative disease
What if I have a medical prescription from another state?
Texas law trumps the laws of other states including medical prescriptions obtained in places like California or elsewhere. Changes to the federal laws could preempt Texas laws but as of March of 2021 there is no national medical marijuana laws requiring States to accept the prescriptions of Doctors in other States.
What about Industrial Hemp?
This topic was discussed in January of 2021 in Brian Foley's Blog post “Is marihuana legal now in Texas?”
The Texas legislature recently muddied the waters with regard to Marijuana laws by legalizing possession of marihuana plants that have less than a 3% THC content. The confusion comes from the scientific name of marijuana and industrial hemp being the same. Their scientific name is Cannabis sativa l. When the legislature attempted to carve out an exception to the laws against possession of marijuana for individuals or businesses that produce industrial hemp they inadvertently increased the burden of proof on prosecutors around the State. It used to be enough to have an officer or a lab analyst come to court and look at the substance that was claimed to be marijuana and state that they can identify it based on sight. Now forensic testing of the substance must take place to confirm that it has a greater than 3% THC content. This makes proving a marijuana case more difficult and costly for the State of Texas. Your case may have a more favorable result because of the time and expense needed to prove your guilt in court when it is challenged by a competent defense attorney.
What is the punishment for Possession of Marijuana?
Simple marijuana charges of less than 2 ounces are classified as a Class B Misdemeanor in Texas and carry a maximum punishment of up to 180 days in jail and a $2,000 or both. Probation for up to two years involving drug testing and community service is also a possible punishment that could be imposed by the court or a jury after a finding of guilt.