In Texas, knowing hemp from pot can save you $2,000 in fines and 180 days in jail

Brayden Garcia
Sue Ogrocki/Associated Press file photo

The conversation around marijuana has evolved over the years — from being an illegal substance to its legal medicinal and recreational uses — but where does Texas stand on the green bud debate?

Marijuana is legal for recreational use in 19 states and another 19 approve of its medicinal use, bringing the total to 38 states with some type of legalization. This leaves 12 states with no action on the devil’s lettuce.

However, after Texas lawmakers passed cannabis legislation in 2019, many believe it’s only a matter of time before marijuana use in some form is legalized. Earlier this year, the Star-Telegram put out a poll asking if marijuana should be legalized in Texas, with over 80% of respondents saying yes.

Here’s what we know about the legality of marijuana in Texas:

What’s legal in Texas?

In 2019, Texas lawmakers passed legislation allowing farmers to grow hemp, which comes from the same species of plant — cannabis sativa — as marijuana.

Hemp is known for it’s strong fibers which can be used in products from building materials and textiles, to clothing and cosmetics, according to USA Today. Back in the 1940s, Ford Motor Company head — Henry Ford — even produced a concept car out of the multi-use plant.

While hemp can be used for industrial methods, it’s also used for medicinal purposes.

Cannabidiol or CBD is derived from hemp and can be incorporated into foods or as oil or a salve to apply to one’s skin. The process starts with extracting CBD from the plant, which is then diluted with oil coconuts or hemp seed.

Many people find benefits for CBD, with some using the oil to help ease pains or mental health symptoms, according to Healthline.

CBD oil is legal to sell in Texas as long as it contains 0.3% or less tetrahydrocannabinol (THC).

What’s the difference between hemp and marijuana?

Marijuana and hemp might come from the same species of plant, but the two have different characteristics.

Hemp contains 0.3% or less tetrahydrocannabinol or THC, also known as the chemical responsible for marijuana’s phycological effects, according to Michigan State. Since the level is so low, hemp-derived products don’t have enough THC to create the “high” associated with marijuana.

One of the main hemp-derived products is CBD oil and unlike marijuana, it does not get you high, according to a Harvard Medical School study.

What’s illegal in Texas?

The possession, growing, selling, distribution and use of recreational marijuana is illegal in Texas.

In 1931, the Texas legislature made possession of any amount of marijuana a felony offense that could be punishable by life in prison, according to KVUE-TV. By 1973, marijuana laws changed again as HB 447 made possession of up to two ounces of marijuana a Class B misdemeanor, punishable with a hefty fine and up to six months in jail.

What happens if you get arrested with marijuana in Texas?

Since hemp laws in Texas have changed, prosecutors and state crime lab’s have dropped hundred of marijuana charges because they don’t have the resources to check a substance’s THC content, according to the Texas Tribune.

However, that doesn’t mean that people aren’t getting arrested for marijuana sale or possession. Hefty fines and jail time still remain from selling or possessing marijuana, according to data from the National Organization for the Reform of Marijuana Laws.

Here’s how the penalties shake out for marijuana possession:

  • 2 ounces or less — Class B misdemeanor with a maximum fine of $2,000 and up to 180 days incarcerated.

  • 2-4 ounces — Class A misdemeanor with a maximum fine of $4,000 and up to one year incarcerated.

  • 4 ounces to 5 pounds — State jail felony with a maximum fine of $10,000 and 180 days to 2 years incarcerated.

  • 5 to 50 pounds — 3rd degree felony with a maximum fine of $10,000 and two to 10 years incarcerated.

  • 50 to 2,000 pounds — 2nd degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.

  • 2000 pounds or more — 1st degree felony with a maximum fine of $50,000 five to 99 years incarcerated.

The penalties for selling marijuana are:

  • 7 grams or less for no remuneration — Class B misdemeanor with a maximum fine of $2,000 and up to 180 days incarcerated.

  • 7 grams or less — Class A misdemeanor with a maximum fine of $4,000 and up to a year incarcerated.

  • 7 grams to 5 pounds — State jail felony with a maximum fine of $10,000 and 180 days to two years incarcerated.

  • 5 to 50 pounds — 2nd degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.

  • 50 to 2,000 pounds — 1st degree felony with a maximum fine of $10,000 and five to 99 years incarcerated.

  • 2,000 pounds or more — Enhanced 1st degree felony with a maximum fine of $100,000 and 10 to 99 years incarcerated.

What about medical marijuana use in Texas?

Medical cannabis use is legal in Texas, but extremely limited and heavily regulated.

In 2015, lawmakers passed the Texas Compassionate Act, allowing the Department of Public Safety to prescribe low-THC oil to certain patients. The prescription comes from the plant cannabis sativa L and contains no more than 0.5% by weight of THC, according to Texas.Gov.

The DPS operates an online registry of physicians who prescribe the low-grade cannabis to people with:

  • Epilepsy

  • Seizure disorders

  • Multiple sclerosis

  • Spasticity

  • Amyotrophic lateral sclerosis

  • Autism

  • Terminal cancer

  • Incurable neurodegenerative disease like muscularly dystrophy, Parkinson’s disease or Alzheimer’s.

The low-THC oil is administered orally, not by smoking. Patients can be prescribed low-THC if they live in Texas, have one of the medical conditions and the approval from a qualified compassionate use physician.

Finding a physician to prescribe low-THC can be found by searching the DPS website.

Where is marijuana legal in the U.S.?

Across the country, 38 states have legalized marijuana use in one form or another.

The 19 states where recreational and medicinal use is allowed include Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington. Washington D.C. also allows both uses.

The other 19 states where medicinal-only use is allowed include Alabama, Arkansas, Delaware, Florida, Hawaii, Iowa Louisiana, Maryland, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Utah and West Virginia.

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