While the possession of marijuana for recreational use may be legal in some states, it is still against the law in Texas. However, while marijuana possession is illegal in Texas, hemp, a substance derived from the same plant, is not. This can cause confusion among Texans, especially if they come into possession with marijuana coming from a state where it is legal. This post will take a look at where Texas stands on marijuana versus other substances coming from the cannabis plant.
THC concentration and cannabis possession
In Texas, whether a substance from the cannabis plant is legal depends on how much tetrahydrocannabinol (THC) is in the substance. If the substance has a THC concentration of over 0.3%, it is considered marijuana or a marijuana substance that is illegal. If the substance has a THC concentration of less than 0.3% it is considered hemp, which is legal.
When it comes to cannabidiol products, the same rules apply. If the substance contains less than 0.3% THC it is legal to sell it in Texas. If the THC content of the substance is greater than 0.3%, it is illegal to sell in the state.
What about medical marijuana?
People may wonder, what about medical marijuana? The possession of marijuana for medicinal purposes in Texas is very limited. The possession of cannabis oil with a THC concentration of under 0.5% is legal if you have one of several specifically named medical conditions, including epilepsy and multiple sclerosis.
Marijuana possession is still against federal law
It is important to note that possession of marijuana or its derivatives on any level violates federal law. Texas law still takes a hard stance against marijuana possession. Possession of marijuana could lead to thousands of dollars in fines and jail time. Thus, it is important if you are accused of possessing illegal marijuana that you take the steps necessary to understand your legal rights and defense options.