Marijuana Decriminalization in Texas


Ten bills related to marijuana decriminalization were before the Texas legislature during the most recent legislative session, one of which was successful and many others that were not. The only piece of legislation that survived this session was a slight expansion of the eligibility criteria for medical marijuana usage, in the form of cannabis oil. CBD oil from dispensaries under the medical use program has a maximum THC level of 0.5, which is not significantly different from CBD oil sold in retail stores, which is to contain a maximum THC level of 0.3.

Previously, the only condition eligible for legal medical marijuana usage was intractable epilepsy. The new legislation recognizes that other medical conditions may benefit from medical marijuana, including autism, epilepsy and seizure disorders, multiple sclerosis (MS), spasticity, terminal cancer, amyotrophic lateral sclerosis (ALS), and some incurable neurological diseases, including Alzheimer’s Disease, Parkinson’s Disease, and Huntington’s Disease.

Dab pen and marijuana flower
Marijuana Decriminalization in Texas

Various issues remain problematic with the new legislation. For instance, Texas law requires a prescription for medical marijuana and CBD oil from a dispensary. However, federal law prohibits doctors from prescribing Schedule I controlled substances, which includes marijuana. While Texas law provides a workaround, doctors are still somewhat at risk if they prescribe medical marijuana.

A lack of regulation still exists as to CBD oil. Although many oils are labeled as being free of THC, there is the chance that they still contain trace amounts of THC, as there are no standard regulations that apply to the production and distribution of CBD oil. Furthermore, law enforcement officers in different parts of the state still consider CBD oil differently. Some counties consider CBD oil illegal unless produced by state-sanctioned dispensaries for medical purposes. This stance has led to raids and seizures of CBD oil in retail stores in some Texas counties.

The Peek Law Group criminal defense lawyers are here to represent your interests and advise you of the best course of action in your situation. Set up an appointment to talk to us today and discover how we can assist you with your criminal proceedings.

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