What Is The Current Law On Marijuana In Terms Of Medical Use?
Currently, the use of marijuana for medical use in Texas is not legal. It has been in front of the legislature before, but it is not legal to possess marijuana for medical use. There are no medical dispensaries in Texas as of this writing.
If Someone Has A Medical Card From Another State And They Are In Texas, Can They Legally Use Their Prescription?
No. That might be a mitigation factor. For example, if it is a person or child with a severe illness, like some type of seizure disorder and the person has been prescribed some form of marijuana, maybe THC oil that they use to treat this particular illness, and they are getting treatment at a facility in another state and they do have a prescription. If the parents and or the adult are charged with the criminal offense for possessing marijuana or any form of it, they could be arrested. However, that would be very good mitigation evidence to possibly get the charges dismissed.
What Is Drug Trafficking? What Are The Penalties Under Texas Law?
An easy way to look at drug trafficking and how it would be defined under Texas law is if you had a warehouse full of cocaine, kilos and packaging of cocaine, that would be drug trafficking. However, often it is the way that the drugs are packaged or if it is an amount that is considered not for personal use. For example, if someone was caught with an amount of marijuana and the marijuana was packaged in little bitty bags, then the police officer and or the District Attorney’s office might construe that as the marijuana is packaged in little bitty bags because it is for sale, therefore it is trafficking or distribution.
More often in Texas, instead of the word “trafficking”, you would hear “distribution”, manufacture or distribution or intent to distribute. Someone can be charged with intent to distribute or manufacturing and or distribution based on the way that the drug is packaged. They will also look for other factors such as if there is paraphernalia for distribution or intent to distribute found along with the drugs, meaning are there scales, are there other types of black baggies or how much money is found with the drugs etc.
You can also consider if someone might be charged with trafficking, distribution or with possession with intent to sell based on the amount of drugs on hand. For example, if someone was caught with five pounds of marijuana, is that a personal use amount of marijuana? The prosecutor would likely argue that it is not. Someone is not going to carry around five pounds of marijuana for them to smoke on a regular basis.
Trafficking is generally known as possession with intent to distribute or manufacturing and or distributing under Texas law. It is generally a charged based on how the drugs are packaged; the amount, what type of packaging material, measuring devices, or the amount of monies is found with the drugs.
Are There Any Laws Related To Drug Paraphernalia In Texas? How Serious Can Those Charges Be?
Generally, drug paraphernalia is considered a Class C misdemeanor, which is the lowest level misdemeanor. A Class C misdemeanor is equivalent to a traffic ticket. If someone was caught with a marijuana pipe, rolling papers or anything that is used to smoke marijuana and or other drugs that could be considered paraphernalia, that would often be charged as a Class C misdemeanor and the person would be given a ticket, which is equivalent to a traffic ticket. The only caution with the paraphernalia is if someone was caught with some type of pipe or device that was used to smoke methamphetamine or cocaine or anything like that. If there is a trace amount of that drug in there, then that trace amount could be considered a felony.
What Are The Penalties For Forging A Drug Prescription In Texas Or Possessing Someone Else’s Prescription?
Those would generally be a felony and it would generally be in the area of a second or third-degree felony. Those offenses can get quite serious real quick.
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