Now that several states in the country have changed their laws to allow the legal sale of marijuana and associated substances such as THC and hash oil, many new legal questions are arising, especially for states like Texas where those new laws do not apply. Of the states surrounding Texas, several have laws permitting either medical or recreational use of marijuana, or both.
Since there are not any border checkpoints between states, technically, no one is checking whether people are crossing into Texas in possession of marijuana and other related substances that may be legal in the state they are traveling from. However, people who cross into Texas with these substances are taking a big risk and could easily get caught up in a drug charge.
Possession of hash in Texas is a felony
Under Texas law, possession of hash and its concentrates is considered a felony offense. Any amount, even less than 1 gram, falls under this classification. The smallest amount carries with it a potential jail sentence of between 180 days and two years, and a potential fine of up to $10,000. In Colorado, by contrast, possession of one ounce or less of hash by adults age 21 and older carries no penalty whatsoever.
This being the case, even simply driving across state borders with a small amount of hash can bring with it a potential felony offense. People who are not committing a crime while in possession of one ounce or less of hash in Colorado would be subject to a felony offense if found with the same amount in Texas.
Hash oil will not help evade Texas marijuana laws
Some people think if they possess hash oil instead of marijuana they can thus avoid the anti-marijuana laws, but this is not the case. In fact, the penalties shown above can actually be higher because possessing any amount of hash oil in Texas is considered a felony. Furthermore, if you are caught driving across state lines from Colorado into Texas with marijuana or hash oil, you could face federal charges.
Drug law in Texas is complex. The new confusing landscape in marijuana laws between different states and between states and the federal government makes understanding these charges even more complicated. If you are arrested on drug charges, you should speak with a Texas attorney who has experience working with such cases.