{"id":1130,"date":"2019-09-01T16:07:44","date_gmt":"2019-09-01T16:07:44","guid":{"rendered":"http:\/\/www.medicalmarijuanainc.com\/?p=3405"},"modified":"2019-09-01T16:07:44","modified_gmt":"2019-09-01T16:07:44","slug":"texas-marijuana-laws","status":"publish","type":"post","link":"https:\/\/medicalmarijuanainc.com\/2019\/09\/01\/texas-marijuana-laws\/","title":{"rendered":"Texas Marijuana Laws"},"content":{"rendered":"

Updated January 2020
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Texas has had a flurry of progressive proposals when it comes to marijuana legislation. While only one bill \u2014 a limited low-THC medical cannabis law \u2014 passed, there are still significant steps for the state to take before it adequately provides its residents safe and legal access to cannabis. Texas lawmakers have, however, legalized the commercial production of hemp. Learn more about Texas marijuana laws below.<\/p>\n

Recreational Marijuana Laws in Texas<\/strong><\/h3>\n

Is marijuana legal in Texas? In short, no.<\/p>\n

Currently, all possession of marijuana for recreational purposes in Texas is a crime. Those caught with up to 4 ounces of marijuana are charged with a misdemeanor and subject to fines up to $4,000 and a year in jail. Possessing more than 4 ounces is a felony, punishable by 180 days to up to 99 years and fines of $10,000 to $50,000, depending on the possession amount.<\/p>\n

Over the past two years, Texas\u2019 legislatures have introduced decriminalization bills, but none have yet to pass. In December 2016, state lawmakers have filed several new decriminalization bills that will be considered in the 2017 legislative session. Until then, Texas will continue to prosecute those possessing marijuana, including mandatory minimum sentences for those in possession of or attempting to sell large quantities of the drug.<\/p>\n

Simple possession of marijuana has been essentially decriminalized in Harris County, the most popular county in Texas. District Attorney Kim Ogg, upon being sworn into office in January 2017, announced that she planned to decriminalize all simple possession of marijuana in Harris County. Even today, first-time offenders caught in possession of up to 2 ounces of marijuana are no longer subject to prosecution. Ogg’s progressive law, which took effect on March 1, 2017, ensures that law enforcement agencies don’t arrest individuals caught with four ounces or less of marijuana. Rather, offenders have 90 days to complete a four-hour decision-making class, which will remove any charges.<\/p>\n

The city of Austin also decriminalized marijuana. In January 2020, the Austin City Council voted unanimously<\/a> to stop criminal penalties for low-level cannabis possession.<\/p>\n

Medical Marijuana Laws in Texas<\/strong><\/h3>\n

Despite some legislative support in the last session, no comprehensive medical marijuana policy has been enacted in the state. On June 1, 2015, Texas did pass a low THC cannabis oil bill. Qualified patients are required to first get prescriptions from two certified specialists, at which point they will be legally allowed to use cannabis oil with at most 0.5% THC.<\/p>\n

While the low THC medical cannabis law has been put into effect, many are skeptical that the system cannot be successfully implemented as written. Because doctors are required to \u201cprescribe\u201d rather than \u201crecommend\u201d or \u201ccertify\u201d patients, very few physicians are willing to do so because prescribing a Schedule I substance puts their DEA license to prescribe controlled substances at risk.<\/p>\n

Initially, Texas’ medical marijuana law applied only to the treatment of intractable epilepsy. In June 2019, Gov. Greg Abbot signed into law House Bill 3703<\/a> to expand the program to more conditions.<\/p>\n

Qualifying conditions for medical marijuana under Texas’ medical marijuana now include:<\/p>\n