Does it seem like there are new cannabis shops opening up on every corner in Austin? Throughout the country, people’s attitudes towards marijuana are becoming more accepting. Local policies have been changing quickly, which can make it difficult to always know the current laws.
Many people ask us at Chris Perri Law, a criminal defense law firm based in Austin, about the legality of marijuana. This article is here to make it easier to understand Austin’s current cannabis policies. Please note that this information is correct as of November 2023, but the rules are constantly changing.
Is Weed Legal in Austin?
Legally, it is against both federal and state law to have any marijuana plant. However, in Austin, prosecutors and local law enforcement have decided not to press charges for possessing small amounts of marijuana plants (less than 4 ounces). Therefore, possessing small amounts of marijuana is no longer treated as a criminal offense in Travis County.
The worst thing that could happen is that you might receive a ticket for having a joint, but it’s unlikely that you will be sent to jail. This new policy does not make cannabis legal, so you cannot buy it freely in stores. In recent years, some cannabis products have been made legal in Austin. These include CBD, Delta-8 THC, and most recently, some products containing Delta-9 THC.
CBD, Delta-8 THC, and Delta-9 THC Legality Explained
Approximately five years ago, a law was passed in Texas that permitted the buying and selling of hemp products. This law defines hemp as a cannabis product that has a very low amount of Delta-9 THC, which is the chemical in cannabis that causes the feeling of being high. Specifically, hemp is considered to have 0.3% or less of Delta-9 THC.
Shortly after that, CBD became available for purchase. After that, Delta-8 THC products were introduced. In recent times, stores in Austin have started selling Delta-9 THC products, which are even more potent.
Also Read: San Francisco Again Facing Very Bad Drug Crisis, Latest Report
All cannabis products sold legally in stores in Travis County must have 0.3% or less of Delta-9 THC. This is a legal issue that is being debated. Some officials are trying to make Delta-8 and Delta-9 THC products illegal, while others are pushing for more widespread legalization of marijuana.
Possessing Large Amounts of Marijuana
If you are found with 4 ounces or more of marijuana, prosecutors in Austin may still charge you with a serious felony crime, as this amount is considered more than what is typically used for personal use.
It’s important to know that if you have any form of cannabis that wasn’t legally purchased from a store and doesn’t have 0.3% Delta-9 THC or less, it’s considered a controlled substance and can be a felony offense. Modified products refer to items such as homemade weed brownies, ganja butter, THC oils, candies purchased during a skiing trip in Colorado, and other similar products that go beyond the original plant.
Medical Marijuana Is the Exception
Texas has a program called the Compassionate Use Program that allows certain people to have marijuana for medical reasons. Buying cannabis from a licensed dispensary with a doctor’s prescription that has been approved is legal.
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