While many stigmas are slowly ebbing away, it takes the strength of a trusted Texas marijuana lawyer who is up to date on the latest laws to help you fight your marijuana offense. Tisdell Law Firm offers legal support and defense from our law offices in Amarillo and Dumas to those with marijuana charges, and anyone in the state who needs to stand up to marijuana charges.
It takes a marijuana defense attorney with vast knowledge of marijuana crimes to help you navigate the legal process. You can count on Tisdell Law Firm to be there when you need us. There are serious consequences if you are convicted on marijuana charges. Do not delay setting up a free consultation with a marijuana lawyer from our team today.
The Legal Landscape of Marijuana in Texas
For years, marijuana possession was frowned upon, but with new legislation, the tides are turning. However, this doesn’t allow its use as a recreational drug at this time. Medical marijuana is still considered one of Texas’ controlled substances when not used under the low THC cannabis program.
Overview of Marijuana Laws in Texas
Medical marijuana use was legalized as a medical aid in Texas in June 2015. With this legislation, qualifying patients can use the cannabis plant. However, there are strict guidelines regarding who is eligible. You must also have a prescription from a qualified physician under the Compassionate Use Registry.
Marijuana use in Texas is only legal if it is no more than .05 by weight of THC and not less than 10% by weight of CBD. Furthermore, only patients who have been officially diagnosed with multiple sclerosis, intractable epilepsy, incurable neurodegenerative diseases, terminal cancer, autism, or ALS are deemed eligible under the Texas Compassionate Act or else it can be deemed a marijuana offense.
While this may be disheartening, there is currently a federal bill that has the potential to broaden marijuana usage for other conditions. Until changes are made, you will want a criminal defense attorney with experience representing marijuana cases.
Texas also has hemp laws which started in June of 2019. Cannabis is legal if it contains .3% THC or less and illegal if the THC is over that amount. There are huge problems with hemp legalization as it relates to marijuana prosecutions.
Most marijuana searches start because the cops claim to smell marijuana or they call a drug dog that “alerts” on your car. The problem is that legal and illegal cannabis smell and look the same. The difference between legal or illegal cannabis can only be seen by testing the cannabis with highly sophisticated instruments which are not on the roadside with the cop. Texas also is using 1% testing through the state crime labs. This testing does not distinguish between legal hemp or illegal marijuana. The final problem is you do not know what the THC level of your cannabis is so do not call it marijuana ever! You have “cannabis” which is legal until the lab report says it is marijuana and then still you just have cannabis.
Understanding Penalties for Marijuana Possession and Criminal Offenses
Texas has always had a reputation for being harsh on crime, and the Texas Controlled Substances Act is one example. Penalties under the Texas Health and Safety Code apply to anyone charged with marijuana possession if they knowingly or intentionally possess a sufficient amount for usage. That amount can be a little as a bowl.
Marijuana penalties can vary from misdemeanor to felony. If you are found with less than 2 ounces in your possession, it is a Class B misdemeanor that can lead to 180 days in jail and a fine of up to $2,000.
The larger the amount in your possession, the bigger the penalties. For possession ranging from 4 ounces up to 5 pounds, it’s a third degree felony with up to 2 years in prison and fines up to $10,000.
Why You Need a Texas Marijuana Lawyer as Your Criminal Defense Attorney
Criminal offenses that involve marijuana are serious. Under the Texas Health and Safety Code, it is still viewed unfavorably in the criminal justice system.
This is why you must choose an experienced marijuana defense attorney when you are facing charges for a marijuana crime. Tisdell Law Firm has expertise in Texas laws on marijuana and experience thwarting the prosecution’s attempts to punish people. You must protect your rights during legal proceedings to minimize the chance of conviction.
With the help of a marijuana defense attorney serving Amarillo and all of Texas, we can create a strong defense. You may have evidence of an illegal search or invalid traffic stop, which could result in having your case thrown out. When you need criminal defense, turn to our law offices to keep marijuana charges from destroying your future.
Take Action Today: Contact Tisdell Law Firm
If you are facing marijuana crimes, contact our law office today for a personalized approach and strategies tailored to your defense. Take advantage of our free consultation to learn more about your legal rights and how we can help.