What is the state of marijuana legalization in Texas?

| Jul 23, 2019 | Criminal Defense |

With many states starting to legalize recreational marijuana, having legalized medical marijuana and decriminalizing marijuana, it can be confusing to know from one state to the next what the laws are concerning this drug. The federal government has stayed firm in that marijuana is an illegal substance but that has not stopped states from enacting their own laws. So, where does Texas stand? Is it following the crowd or maintaining federal laws?

The Texas Tribune reports that in some jurisdictions prosecutors have taken a stance and do not pursue low-level marijuana crimes, such as possession of a small amount of the drug. However, the overall law in the state makes possession of any amount illegal and a serious crime. So, on the decriminalization front, Texas is clearly siding with the federal government.

Texas does have legalized medical marijuana. However, like many conservative states, there are many restrictions. Medical use is only available for specific medical conditions. Furthermore, only low THC, high CBD products can be used by qualifying patients.

There is hope that soon minds will change when it comes to marijuana. Some legislatures are pushing for decriminalization and expansion of the approved medical conditions for medical use. While it is unlikely that the state will legalize marijuana recreationally anytime soon, relaxing criminal laws and increasing access to medical marijuana are both considered wins by those pushing for more legalization in the state.

As other states keep legalizing the drug or at least taking steps to make it less of an illegal drug, Texas seems to be on the losing side of the overall fight in the country, which means changes are probably inevitable.