Medical marijuana is becoming increasingly common across the nation. However, every state has the right to dictate whether marijuana is legal in any form. If marijuana is permitted at all, the state can regulate how it can be cultivated, advertised, sold, and consumed. While Texas is moving forward with medical marijuana, it is essential that you do not assume Texas law will be like other states, such as New Mexico, Arizona, or California. If you are a patient or physician who may become involved with medical marijuana, you need to learn about the intricacies of Texas’ law specifically. If you become involved with the drug without understanding the state’s new medical marijuana law, you may face criminal charges.
If you have questions about medical marijuana laws in the state of Texas, call an experienced marijuana possession lawyer at The Law Offices of Ned Barnett for help.
Call attorney Ned Barnett today at (713) 222-6767 for a free case consultation.
7 Things You Should Know About Texas’ New Medical Marijuana Law
Texas now allows medical marijuana under its Compassionate Use Act. However, there are many caveats to using cannabis or Tetrahydrocannabinol (THC) products. Some of the specifics you need to know to avoid going astray of the law include:
1. It went into effect September 1. Texas’ Compassionate Use Act, which was signed into law by Governor Greg Abbott on June 1, 2017, went into effect on September 1, 2017. If you or a loved one are a potential medical marijuana patient, now is the time to learn more about the law and speak to your physicians. Medical marijuana is now legal, however, you must still follow proper procedures to obtain and use it.
2. You must have intractable epilepsy. Texas’ law has only legalized medical marijuana for the treatment of intractable epilepsy, which means you have to be diagnosed with a seizure disorder that you have been unable to control with two or more appropriate drugs.
3. You need two physicians to agree. If you believe you would benefit from a THC product because of your epilepsy, you will need two physicians to agree with you. Then, these physicians must put themselves and your information into the Texas Department of Public Safety (DPS) registry.
4. You need a prescription. Texas’ law requires doctors to actually prescribe you marijuana instead of recommending it. This is unusual in contrast to other states’ medical marijuana laws. This technicality could also mean physicians are not comfortable or open to prescribing marijuana, as it remains a Schedule I controlled substance under federal law. Under the scope of Texas law, prescribing an illegal controlled substance could lead to significant consequences for physicians and medical professionals.
5. You can only obtain low THC products. The Texas’ law entitles patients to low-THC cannabis products only. This means the medicinal product cannot have more than 0.5 percent THC potency. This is quite low considering legal hemp products contain up to .03 percent THC.
6. There are very few licensed dispensaries. As of September, the DPS is expected to license only three companies to grow marijuana and produce medicinal marijuana products within Texas: Cansortium Texas, Compassionate Cultivation, and Surterra Texas. If you are entitled to use marijuana to treat a medical condition or illness, you must be sure you obtain the drug from a licensed source. This can be difficult depending on where you live. However, growing the drug yourself or obtaining it from an unlicensed producer could land you in jail, or cause you to pay hefty fines.
7. There is already a formal complaint against the DPS. In August 2017, the Texas Cannabis Industry Association and 10 companies sent a formal complaint letter to the DPS accusing the agency of acting in bad faith when it comes to creating and implementing a workable program under the Compassionate Use Act. These 10 business represent almost 25 percent of the companies that applied to be part of the Texas medical marijuana program.
Have You Been Charged With a Marijuana Offense?
If you have been charged with possession of marijuana because you use the drug to treat your or your loved ones’ medical conditions, contact the experienced and trusted Houston criminal defense attorney at The Law Offices of Ned Barnett. Attorney Ned Barnett understands how frustrating it can be to wait for medical marijuana laws to catch up to what you believe is right and fair. However, he also knows your case must be addressed based on how the law truly is today, and not how it should or may be down the road.
Attorney Ned Barnett will thoroughly review your situation, advise you on your legal options, and aggressively fight for your freedom. The Law Offices of Ned Barnett’s main priorities are to protect you and your family, and to achieve the best possible outcome in your case.
Call (713) 222-6767 today to schedule a free and confidential case consultation.