FAQ of Texans about Marijuana, CBD, and THC From a Criminal Attorney

Texas comes under 13 other states that consider recreational marijuana illegal possession. In 2019, Texas lawmakers passed a law that legalized Hemp but not Marijuana aka, Weed. It is unlawful to possess weed, i.e.

Marijuana or any substance extracted from the cannabis plant. These rapid changes in laws related to the legalization of weed, Marijuana have brought confusion in the minds of Texans.

In this article, we have answered Very Frequently Asked Questions related to Marijuana, THC, CBD:

FAQs On Marijuana

1. What is the difference Between Marijuana, CBD, THC, Hemp?

CBD(cannabidiol) and THC (tetrahydrocannabinol) are two famous products derived from the same cannabis plant. CBD is renowned for its medical properties, whereas THC is well known for its psychoactive effects or high feeling. Both these compounds are present in Marijuana and Hemp as well. However, both have different concentrations of THC and CBD in them.

The law says that if the substance has more than 0.3% of THC compound, it is called Marijuana and, if it has less than 0.3% concentration Of THC compound, then it is Hemp”. Hemp contains more CBD than THC compounds.

2. Is Weed, Cannabis and Marijuana the Same?

According to Texas Law, weed and Marijuana are the same extracted from Cannabis. However, it has a high level of THC in it based upon the dry weight. Due to the high concentration of THC in Marijuana, weed is illegal in Texas.

3. Is CBD Legal In Texas?

. Is CBD Legal In Texas

Yes, CBD is legal in Texas because it is a derivative of Hemp compound. Since CBD products have less than 0.3% concentration of THC, it is legal in Texas. However, the Federal Drug Administration does not thoroughly examine CBD products leading to little quality control. So, be careful while purchasing as some CBD products may contain a high amount of THC making it illegal in Texas.

4. Is Medical Marijuana Legal in Austin, TX?

According to the Compassionate-Use Act by state Law, it is legal to use low-THC Cannabis, i.e., with less than 0.5% concentration, under medical conditions. The law regulates who can produce and prescribe the Medical usage of Marijuana to qualified patients.

These are the following diseases that make a permanent Texas resident- patient legalizes to consume Marijuana: Epilepsy, A seizure disorder, Multiple Sclerosis, Spasticity, Amyotrophic Lateral Sclerosis, Autism, Terminal cancer and An incurable neurodegenerative disease.

5. Is a Medical Marijuana Card from New Mexico legal if I Live in Texas?

Although New Mexico has started issuing Medical cards to non-Mexico residents, it is still not legal to carry them in Texas. A Texas resident cannot possess Medical Marijuana-based on a card received in New Mexico.

6. What is the Legal Amount to Possess Of Marijuana in Texas?

There is No legal amount to possess Marijuana in Texas. Even the minimum amount of two ounces or less of Marijuana is a crime that can lead to 180 days of Jail with thousands of fines in Texas. According to the Texas Health and Safety Code, an individual can face harsh consequences for Possession or sale of Cannabis, even if it is unintentional.

7. Can Possession Of weed/Marijuana lead to Penalty and Crime Charges?

Yes, Weed charges can lead to various offences such as Possession or sale/distribution of Marijuana, Trafficking in Marijuana, etc. All these charges carry potential penalties. A person can even face conventions like Jail, thousands of fines, permanent marks as a criminal record, suspension of driving license and privileges, etc.

  • It is a felony offence to possess Marijuana in a drug-free zone in Texas. The disciplinary action is severe depending on the amount owed. The more significant the amount, the more powerful the punishment.

Other Possible Penalties that be received are:

  • Instead of a prison sentence, can send a person for community service for alleged offenders.
  • An accused can be sentenced to a term of probation where they have to meet regularly with a probation officer.
  • Or the court can order for participation in a drug treatment program for the minor accused.
  • Other Possible Penalties that be received are

8. Will I get arrested if I Bought Marijuana from another state to Texas?

Yes, even though it is legal in a few states, you can still be arrested for the Possession of Marijuana brought from another state in Texas.

9. What to do if I Get Arrested for Marijuana in Texas?

If you get arrested in Texas for the Possession of Marijuana, then contact your attorney immediately since small Possession can lead to significant conventions and problems in Texas.

An experienced attorney can probably save you from criminal charges because there’s the usage of a specific language to describe what is legal and illegal in Texas.

10. What are the Possible defence Options that can beat the Marijuana charges Case? 

A lawyer with years of experience and skills can help you beat the Case in the following ways:

  • They conduct their investigation and find possible defence points in your favour.

According to the Texas controlled substances Act, a person who knowingly or intentionally possesses a drug with a high quantity of THC receives Criminal Charges. However, If the attorney proves that you were unaware of the Possession of the drug or weed, you are not guilty.

  • If the attorney can prove that You did not possess the drug, then you are not guilty. For example: If a friend’s car has Marjiunan in it, the police found the drug from it, and you borrowed the car without knowing that.
  • If you possess the drug or weed in a form that a person cannot use, you can be found not guilty.
  • Your lawyer can convince the Judge in various ways to drop the charges or can at least demand to reduce the number of penalties.

11. Can I save Myself from a Criminal Record if arrested in Marijuana Case?

You will have a permanent record if a person is proved guilty of Possession of Marijuana. However, if the attorney can get the Case dismissed or not filled, you can save yourself from Criminal records. No-filed is a legal proceeding removing all documents related to a person’s arrest. One can even legally deny getting involved in such a case afterwards.

12. Is Texas Going To Decriminalize Marijuana?

Decriminalization is a process of ceasing to explain something as illegal or a criminal offence. Although decriminalizing Marijuana is spreading widely across the country, it may take longer for Texas to follow this trend. Texas still lags to follow this trend due to its conservative nature.

13. How Close is Texas to Legalizing Marijuana?

Is Texas Going To Decriminalize Marijuana

The legislature has passed many marijuana-related bills. Such as 17 bills made up on Medical Cannabis, nine dealt with CBD products and 13 to reduce the penalties of Possession of Marijuana.

  • The Texas house bill 63 approved by the Texas House is another effort to reduce the punishment of a person who possesses less than an ounce of Marijuana.
  • Texas House bill 3703 is another bill that protects a student who has a legal prescription of medical Marijuana. It also helps the people who produce, transport and handle medical marijuana duties.

14. How Can I Help Reform Marijuana Laws in Texas?

Since weed is illegal in Texas, many parties are trying to reform the laws in Texas. One can contribute to the reformations of law by making their voice heard by the government or join and support activist organizations.


We hope this article was helpful in answering your question “is marijuana illegal in Texas” When venturing into these areas, it is always recommended to check out the legality before you proceed. After all, a few minutes of fun is not worth legal trouble.

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