Several states have legalized marijuana use in recent years. Additionally, vaping has become a popular thing despite its dangers and the FDA’s attempt to ban Juul. With uncertainty around what people and/or sellers may put in vape pods or homemade cigarettes, it is good to know what the law is in your State when it comes to things like marijuana and CBD. This article will discuss the laws related to marijuana use and CBD in Texas.
What is Marijuana?
According to the Drug Enforcement Administration, marijuana is a mind-altering drug that is usually smoked as a joint, a blunt, or in a pipe or bong. According to the great philosophers Cheech and Chong, “it’s really groovy man.” Marijuana is derived from the Cannabis sativa plant and is a dry, shredded mix of flowers, stems, and seeds that are typically green, brown, or gray in color. A few of the common street names for marijuana are pot, Mary Jane, weed, and dope. The drug can be grown and trafficked all over the world; however, it is commonly grown in the United States, Mexico, Canada, Columbia, Jamaica, Kazakhstan, Thailand, South Africa, and Nigeria. Additionally, marijuana can be grown outdoors or indoors. When a person smokes marijuana, the chemical is carried to the organs in their body, including the brain, which can have many side effects on the user.
What Are the Side Effects of Marijuana?
Marijuana can have both short and long-term side effects in the brains and bodies of users. Temporary effects of marijuana use on the brain can include dizziness, impaired memory, disorientation, coordination issues, euphoria, mood changes, and altered senses. Moreover, the short-term impacts on the rest of a person’s body can include dry mouth, nausea, increased heart rate, and increased appetite.
As for the long-term effects, researchers are still learning about how marijuana impacts the brain and body permanently. However, studies have shown that there are a few longstanding consequences of marijuana use. One ramification is that using marijuana while your brain is still developing may affect how your brain builds connections to certain functions, such as attention, memory, and learning. The impact on your brain can last for decades or even be permanent. Additionally, frequent use of marijuana can lead to a higher risk of developing schizophrenia or other psychoses in people who are susceptible to these mental illnesses. Furthermore, as with any smoking product, marijuana can damage your lungs and increase the risk of stroke, heart disease, and other vascular diseases, as well as impair sperm development, which can impact fertility.
Is Marijuana Legal in Texas?
State and federal laws regulate the possession, sale, and manufacturing of marijuana, but the Texas Controlled Substances Act prohibits and criminalizes the possession, manufacturing, distribution, or selling of any amount of marijuana. Texas labels marijuana as a Schedule I substance that has a high potential for abuse. Texas law only allows the use of low-THC cannabis to be prescribed for certain medical conditions under the Compassionate Use Program. However, even in the limited medical uses for which it may be prescribed, medicinal THC use in Texas is allowed by oral use only, not smoking it.
What is the Compassionate-Use Program?
The Compassionate-Use Program allows regulated businesses to cultivate, process, and distribute low-THC cannabis to patients with certain medical conditions. Currently, the Compassionate-Use Program allows people with epilepsy, a seizure disorder, MS, spasticity, ALS, autism, cancer, PTSD, or an incurable neurodegenerative disease to take part. However, there are several requirements in order for a physician to write a prescription for low-THC cannabis. The requirements are as follows:
- The physician must be qualified to prescribe Low-THC cannabis to patients with certain medical conditions
- The patient must be a permanent resident of Texas
- The physician must comply with certain registration requirements
- The patient must have one of the diagnoses listed above, and
- The physician must determine that the risk of the patient’s medical use of low-THC cannabis is reasonable in light of the potential benefit for the patient.
What is the Punishment if You Are Caught with Marijuana in Texas?
In Texas, the penalty for possession of marijuana depends on three factors:
- Whether or not you have been previously charged with a crime
- How much marijuana was in your possession when arrested, and
- Your intended purpose of having the marijuana (to sell, to possess, to cultivate, etc.).
Possession of 2 ounces or less of marijuana is considered a Class B misdemeanor and is punishable by up to 180 days of imprisonment and a fine of up to $2,000. Possession of 2 to 4 ounces is a Class A misdemeanor and is punishable by up to one year of imprisonment and a fine of up to $4,000. Possession of 4 to 5 pounds is a state jail felony and is punishable by 180 days to 2 years imprisonment and a fine of up to $10,000. Possession of 5 to 50 pounds is a Third Degree felony and is punishable by 2 to 10 years of imprisonment and a fine of up to $10,000. Possession of 50 to 2,000 pounds is a second-degree felony and is punishable by 2 to 20 years of imprisonment and a fine of up to $10,000. Lastly, possession of over 2,000 pounds is a Felony and is punishable by 5 to 99 years of imprisonment and a fine of up to $50,000. Additionally, there are other punishments for the sale, cultivation, and possession of paraphernalia of marijuana.
What is CBD, and Why is it Legal in Texas?
According to Harvard Health Publishing, Cannabidiol (CBD) is a chemical found in cannabis that is derived directly from the hemp plant, a cousin of marijuana, or manufactured in a lab. Studies on the use of CBD have shown that it can reduce anxiety, help with insomnia, control chronic pain, and lower addiction cravings for tobacco and heroin under certain conditions. However, CBD has a few side effects, including nausea, fatigue, and irritability.
When it comes to CBD, Texas has aligned with the federal government’s Farm Bill, which legalizes hemp and derivatives, like CBD, with less than 0.3% of THC. CBD is legal in Texas and many other states because, unlike marijuana, CBD contains only traces of THC, which is the psychoactive ingredient that alters the mind and produces a “high.” As with all other legal drugs, CBD is highly regulated by both the federal and state government. The regulations for CBD in Texas are as follows:
- To grow or handle hemp plants in Texas, you must have a hemp grower’s license.
- To create, modify, or process consumable hemp products, you must have a consumable hemp manufacturer license, and
- To sell CBD products, you must be registered with DSHS.
Conclusion
Marijuana is still illegal for recreational use in Texas. It is available under the Compassionate Use Program for limited medicinal use by people with a prescription from a qualified doctor and a specific qualifying medical condition under the Compassionate Use Program. CBD is not marijuana but a derivative of Hemp that contains less than 0.3% THC. So long as it meets the criteria of less than 0.3% THC and is grown by a licensed grower, it is legal in Texas. Beware that schools may place other regulations prohibiting possessions and use, particularly in relation to smoking or vaping since these actions are illegal for people under 21. CBD does not currently have a specific age limit under the law.
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