2019 New Law UpdateCriminal Defense

Marijuana, Hemp, CBD

Is weed legal, can I get a medical card to smoke, will I be arrested for having hemp or CBD oil? Let’s see.

The Texas Legislature just ended their season and they made some changes to marijuana, CBD, hemp, and failed to make serious changes in marijuana which would bring us into the modern era.

Marijuana

Marihuana as spelled by the State of Texas or marijuana aka weed like normal people call it.  Marihuana is any part of the cannabis sativa L. plant. The new law makes any cannabis product with over 0.3% THC illegal marijuana.

Texas punishes possession of leaf marijuana differently than it does from any processed marijuana products.  Leaf weed starts at a class B misdemeanor.  But if you have processed marihuana i.e. THC in the form of oil, wax, or an edible it become a state jail felony if you have under 1 gram.

Any conviction involving a controlled substance will result in a suspension of your driver’s license.

Medical marijuana

Texas has expanded medical marijuana to treat conditions including certain forms of epilepsy, seizures, MS, spasticity, amyotrophic, lateral sclerosis, terminal cancer, Autism and incurable neurodegenerative diseases.  The marijuana used to treat these conditions would have a hard cap of 0.5 % THC

Hemp and edible hemp aka CBD products.

To be considered as hemp, the product must contain less than 3% THC

The seller must be registered to sell the product.  The product must be tested to show it is under .3 and must be labeled that it has 3% THC.

Conclusion

To break it down if it is less than 0.3% THC then it is legal if it is over 0.3% it is illegal.  Because of the distinction there is a lot of gray area in the law.  If you are charged with possession of Marijuana or a crime that involves marijuana like unlawful carry of a weapon, you need a good attorney who is able to fight for you.

The information in this video and blog is for educational purposes only and is only relevant to the State of Texas.  Even though I am a licensed attorney in the State of Texas, I am only providing this information for educational purposes and not for legal advice.  If you have been arrested, been charged, or have a specific question concerning marijuana, hemp, or CBD oil please contact an attorney in your area.  All links to my sources is listed below.

Sources: https://legiscan.com/TX/text/HB1325/2019 https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

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