In Texas, the legal status of cannabis is complex and varies depending on its use and THC content. The Texas Controlled Substances Act prohibits the possession and sale of cannabis, classifying it as a Schedule I substance under federal law. Penalties for possession are determined by the amount of marijuana involved, with Section 481.121 of the Texas Health and Safety Code outlining the specific offenses and their severities.
Medical marijuana, however, is legal under certain conditions. The Texas Compassionate Use Program (CUP) allows prescribed low-THC cannabis for medical purposes. This program, governed by specific Texas laws and regulations, permits the use of low-THC cannabis (containing no more than 0.5% THC by weight) for patients with certain medical conditions, as prescribed by qualified physicians.
The legal landscape regarding cannabis in Texas is evolving, with recent legislation focusing on the regulation of hemp and low-THC cannabis. For instance, H.R. 2 and House Bill 1325 regulate the growth of hemp with a THC concentration of less than 0.3% by dry weight. Despite these changes, recreational use of cannabis remains illegal in Texas.
In Austin, the “Austin Freedom Act of 2021” impacts the enforcement of marijuana laws. According to this ordinance, Austin police officers are discouraged from issuing charges for possession of marijuana unless specific conditions are met, emphasizing a shift towards less stringent enforcement in the city.
The Texas State Law Library provides extensive resources for understanding the intricacies of cannabis laws in Texas. These resources are designed to assist both self-represented litigants and legal practitioners in navigating the complex legal landscape surrounding cannabis use and regulation.
For a comprehensive overview of cannabis laws in Texas, including details on the Texas Compassionate Use Program and recent legislative changes, visit the Texas State Law Library. Additional information on recreational use, state vs. federal law, and the Austin Freedom Act of 2021 can be found at the Texas State Law Library and City of Austin websites.
