Bringing Marijuana Purchased Legally into Texas
As marijuana possession laws continue to evolve across the United States. Law enforcement is encountering new challenges. The variation in marijuana laws from state to state creates uncertainty about whether it is permissible to bring marijuana purchased legally from another state into Texas. Unfortunately, under the current legal framework in Texas, the answer to that question is no.
Although some neighboring states have legalized medical marijuana also known as medical cannabis. Colorado, a nearby state, has permitted the possession of recreational marijuana since 2015. Given the lenient purchasing regulations in Colorado for adults 21 and older. There is a growing trend of Texans bringing back marijuana to their home state after a visit. However, Texas considers marijuana purchased legally elsewhere the same as if it was acquired from any other source. Resulting in severe consequences for those who do so. As a result, even those who purchase marijuana legally elsewhere may face felony charges in Texas.
Risks of Entering Texas with Marijuana
The risks of entering Texas with marijuana are significant. Regardless of whether the marijuana was purchased legally in another state. Possession of any amount of marijuana is illegal in Texas. And the state has some of the harshest penalties for possession of marijuana in the country. If you would like more information about legalization laws read here.
Entering Texas with Marijuana
Bringing marijuana into Texas is illegal. Regardless of whether the marijuana was purchased legally in another state. Possession of any amount of marijuana is against the law in Texas. And the state has some of the strictest penalties for marijuana possession in the United States. Below is a general breakdown of the possible penalties for the amount of cannabis:
- Two ounces or less – This possession is considered a Class B misdemeanor. Which is punishable by up to 180 days in jail and a fine of up to $2,000.
- Two to four ounces – Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Four ounces to five pounds – State jail felony, punishable by 180 days to two years in jail with a fine up to $10,000.
- Five to fifty pounds – Third-degree felony, punishable by two to ten years in prison with a fine up to $10,000.
- Possession of 50 to 2,000 pounds – Second-degree felony, punishable by two to 20 years in prison with a fine up to $10,000.
- Possession of more than 2,000 pounds – First-degree felony, punishable by five to 99 years in prison with a fine up to $10,000.
In addition to these penalties, bringing marijuana across state lines can result in federal charges, which can carry even more severe penalties. It’s essential to remember that the penalties for marijuana possession and trafficking can vary depending on the circumstances.
THC (tetrahydrocannabinol) concentrate is a type of cannabis extract that is made by isolating and concentrating the THC compound found in marijuana or hemp plants. The concentrate is much more potent than traditional marijuana flowers, typically containing between 50% and 80% THC, compared to around 15% to 25% THC found in most strains of marijuana.
THC concentrate can come in many forms, such as oils, waxes, shatter, or dabs, and is usually consumed by vaporizing or smoking. Some people use THC concentrate to achieve a more potent and immediate high than they would experience by smoking traditional marijuana. However, because of its high potency, THC concentrate is considered a controlled substance in many states and countries, and possession or distribution of THC concentrate may be subject to legal penalties.
It’s important to note that THC concentrate and other cannabis products may have different legal statuses depending on the state or country you are in. In some places, THC concentrate may be legal for medical or recreational use. while in others, it may be illegal or highly restricted. If you are caught with concentrated THC in Texas, the penalties could include imprisonment.
Penalties for Concentrated THC
The penalties for bringing concentrated THC into Texas can vary depending on the amount in your possession. Below is a breakdown of the possible penalties for possession of concentrated THC:
- Possession of less than a gram – State jail felony, punishable by 180 days to two years in jail with a fine up to $10,000.
- Possession of one to four grams – Third-degree felony, punishable by two to ten years in prison with a fine up to $10,000.
- Possession of four to 200 grams – Second-degree felony, punishable by two to 20 years in prison with a fine up to $10,000.
- Possession of 200 to 400 grams – First-degree felony, punishable by five to 99 years in prison with a fine up to $10,000.
It’s important to remember that these penalties apply to possession of concentrated THC, not just bringing it into Texas. In addition, penalties for trafficking or distributing concentrated THC can be much more severe.
Controlled Substance Act
The Controlled Substances Act (CSA) is a United States federal law that was enacted in 1970 to regulate and criminalize the manufacture, importation, possession, use, and distribution of certain drugs and substances. The CSA established a system for classifying drugs and other substances into five categories. Known as Schedules, based on their medical usefulness and potential for abuse.
The five Schedules under the CSA are:
- Schedule I: drugs or substances that have no currently accepted medical use and a high potential for abuse, such as heroin, LSD, and marijuana.
- Schedule II: drugs or substances that have a high potential for abuse but also have accepted medical uses, such as cocaine, fentanyl, and oxycodone.
- Schedule III: drugs or substances that have less potential for abuse than Schedule I or II drugs and have accepted medical uses, such as anabolic steroids and codeine-containing medications.
- Schedule IV: drugs or substances that have a lower potential for abuse than Schedule III drugs and have accepted medical uses, such as benzodiazepines and some sleep aids.
- Schedule V: drugs or substances that have the lowest potential for abuse and have accepted medical uses, such as some cough syrups containing codeine.
The CSA established criminal penalties for various drug-related offenses, such as possession, distribution, and trafficking of controlled substances. The penalties for these offenses can vary depending on the Schedule of the drug. The amount in question, and other factors.
The CSA is administered by the Drug Enforcement Administration (DEA), which enforces federal drug laws and regulations. The CSA has been amended and updated several times since its inception. It remains a key federal law governing drug policy in the United States.
Arrested? Don’t Plea, Call Me!
While some states have legalized marijuana for medical or recreational use. Marijuana is still illegal under federal law, and transporting it across state lines is a federal offense.
Texas has some of the strictest marijuana laws in the United States. And possession of any amount of marijuana is illegal. Depending on the amount of marijuana in your possession, you could face a range of penalties. Including fines, probation, and jail time. If you are caught bringing marijuana into Texas from another state, you could be charged with drug trafficking. Which carries much more severe penalties.
It’s important to remember that just because something is legal in one state does not mean it’s legal in another. It’s essential to research the laws of any state you plan to travel to or through.
If you find yourself or a loved one facing marijuana possession charges in Texas. You will need an experienced defense attorney to protect your legal rights. You need our skilled and seasoned drug attorneys at Texas Criminal Defense Group.
If you live in Lubbock County, Potter County, Randall County, Dallas County, Denton County, Midland County, or Tarrant County, Contact our attorneys at Texas Criminal Defense Group for a legal review of your case.