A Review of Marijuana Laws in Texas
According to this U.S. Department of Health and Human Services report, in 2011, there were 18.1 million Americans 12 and older who admitted to using marijuana within the past month. And while use of marijuana may be widespread, it continues to be illegal under federal and Texas state law. Further, the punishments for marijuana-related crimes can be severe. Schedule I Drug Under federal law, pursuant to the Controlled Substances Act, marijuana is classified as a schedule I drug. This means that the federal government has determined marijuana has a high potential for abuse, has no currently accepted medicinal use in the U.S., and lacks accepted safety for use under medical supervision. Texas Marijuana Laws Under Texas law, it is a crime to knowingly or intentionally possess a usable quantity of marijuana. It is important to note that it is unclear what “usable quantity” actually means. In theory, the wording of the statute would indicate that some amount below a usable quantity is not an offense. Some case law on the issue does exist, but an exact definition has yet to be developed. An offense for delivery is committed when a person knowingly or intentionally delivers marijuana. “Deliver” is defined as transferring to or offering to sell to another a controlled substance. It is important to note that there are different penalties depending on whether a transfer or sale has occurred. As an example, when the amount delivered is one-fourth an ounce or less and the person delivering does not receive […]
