If you are like most people, you probably have questions about the legality of cannabis and cannabis-related products in Texas. Public opinion on cannabis has changed dramatically in the last several decades and more and more states are decriminalizing or fully legalizing marijuana products. In some states, only individuals with a valid medical marijuana card are permitted to possess and consume cannabis. In other states, any adult may possess a moderate amount of marijuana flowers, edibles, or other marijuana-containing products. Delta-8 products and CBD products are considered to be different substances than traditional cannabis. However, the legality of these products has also been subject to controversy and confusion.

What is the Difference Between CBD, Delta 8, and Delta 9?

Cannabis is a plant that contains over 100 chemical compounds called cannabinoids. THC (tetrahydrocannabinol) is the component of marijuana that produces the psychoactive effects, or “high” marijuana is known for. However, other compounds in marijuana and hemp plants do not produce any psychoactive effects. CBD (cannabidiol) has been shown to help with certain medical conditions without producing the “high” of THC.

Currently, CBD products are legal in Texas. However, THC-containing products are almost entirely illegal. The Compassionate Use Program allows certain individuals with severe medical problems to consume marijuana products with low levels of THC.

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The legality of marijuana varies dramatically across the United States. In some states, adults can freely buy and consume marijuana flower and marijuana products like edibles. However, Texas still classifies marijuana as an illegal drug. You can face criminal charges for possessing, cultivating, or distributing cannabis or cannabis products in Texas.

Penalties for THC Food in Texas

The penalties for possessing marijuana are based on the quantity of the substance allegedly in your possession. Possession of a few grams of marijuana is punished less harshly than possession of a few pounds of the substance.

Tetrahydrocannabinol (THC) is the component of marijuana responsible for the marijuana “high.” Some people consume THC by eating it. THC may be added to candies, cookies, brownies, and other foods.

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Having a drug crime on your record can leave you under the weight of a heavy stigma. Regardless of the circumstances of your alleged offense, you may struggle with being stereotyped based on a drug conviction for the rest of your life. Drug possession crimes are very serious in Texas, often being charged as a felony even for a first offense. By working with a skilled attorney, you may be able to develop a strong defense and avoid overly harsh penalties. If you have been charged with a drug possession crime, it is important that you take the matter very seriously and contact a lawyer as soon as possible.

What Are Some Defense Strategies to Drug Possession Offenses in Texas?

Being caught with illegal drugs in Texas could lead to serious prison time, even for simple possession in some cases. Developing a strong defense strategy is extremely important to avoid the harsh criminal penalties our state is notorious for. Defense strategies that may succeed in some cases include:

• Fourth Amendment - The Fourth Amendment protects against unlawful searches and seizures. Drugs are generally found during a search. An attorney can assess the facts of your case to determine whether the search was potentially unlawful. If the search that turned up the narcotics was illegal, the case will likely be dismissed.
• Improper testing - To prove its case, the state should have the alleged narcotics tested in a lab to verify that they are what the state says they are. Proper procedures must have been followed, including correct handling and chain-of-custody documentation from the moment the drugs are found until they are tested. An error could invalidate the test.
• Unaware of drugs - Occasionally, people will legitimately be in actual possession of narcotics without having knowledge of their presence. For example, you may have borrowed your friend’s car while yours was in the shop and had no idea that there was a baggie of marijuana in the trunk. Or, your grandma may have dropped a narcotic painkiller on your floor while visiting you. In this type of situation, you had no intent to unlawfully possess a drug and should not be found guilty.
• Legal possession - People are sometimes lawfully prescribed narcotic substances that would be illegal to possess without a prescription. Confusion can sometimes occur when a patient is carrying their medication without the bottle it came in or other easily produced evidence that they are supposed to have the drug, leading to mistaken arrests. For Compassionate Use Program patients carrying low-THC products, it is possible to get arrested in error.

The defense strategy that may work best for you will depend heavily on all the facts and circumstances of your case. An attorney will need to carefully assess your situation to determine how best to defend you.

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It is a common beginning to many Texas drug possession prosecutions - during a traffic stop, a police officer spots a substance he thinks could be an illegal narcotic. The suspected contraband could be something as suspicious as a small bag of white powder, or as mundane as an unidentifiable sticky substance on an object in the back seat. The officer reaches for an inexpensive field test kit, and the results show that the substance is indeed a narcotic - much to the surprise of the driver.

Texas police officers rely heavily on these field test kits to back up their suspicions in order to make arrests and kick off criminal prosecutions. However, these tests sometimes produce false positives, sending innocent Texans to jail. If you have been charged with a drug crime, finding a strong attorney should be your first priority right now. Texas drug laws are notoriously strict.

How Do Field Test Kits Result in False Convictions?

Police officers across the state rely on field test kits when they are unsure whether a substance they have found is a narcotic. Even for the most qualified officers, it is very difficult to accurately identify some substances without using some kind of scientific testing. Field test kits seem like the perfect solution - they cost little and give officers something objective and demonstrable to go on. Unfortunately, these field test kits are far from perfect.

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Drug tests are administered all the time, by employers and probation officers alike. Most people have had to take one at least once, whether to satisfy a potential employer’s policy or to satisfy a condition of parole after previous drug charges. Drug tests can be particularly frustrating for legal users of medicinal low-dose THC. For some people, it may be tempting to find a way to cheat the test. Unfortunately, in Texas, falsifying the results of a drug test may be a crime that could land you in jail - depending on how you go about faking the results. If you have been arrested for falsifying the results of a drug test, contacting an attorney should be your first priority.

When Is Falsifying the Results of a Drug Test a Crime?

Actually, it is not the act of falsifying the results (“cheating the test”) that is a crime under the drug test falsification statute. Instead, this statute actually criminalizes “knowingly or intentionally us[ing] or possesses[ing] with intent to use any substance or device designed to falsify drug test results.” It is also illegal to manufacture or deliver such a product.

What does this mean? In short, that falsifying the results of a drug test under this law becomes illegal when you use a device, such as a fake urine dispenser, or a substance, such as a “detox” drink, in an effort to cheat a drug test. Other means of attempting to fraudulently pass a drug test, such as by drinking large amounts of water, are not banned under this statute because water is not a substance designed to falsify drug test results. However, drinking a beverage deliberately designed to produce false-negative results on a drug test would be a crime under this law.

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