Facts Around Marijuana Possession In Texas

Facts Around Marijuana Possession & Use

Facts around marijuana possession and use don’t just involve laws but also involve the reasons why people use it.  Texas has very tough marijuana possession laws. If you are caught with tiny amounts of Marijuana in Texas (as little as 2 oz or less), you can serve up to 180 days in jail and be subjected to hefty fines (up to $2,000). Marijuana Possession laws are covered under the Texas Health & Safety Code; 481.032 Schedules.

Texas Compassionate-Use Act: Medical Benefits Of Weed

Experienced Marijuana Possession Attorney Explains Current Situation With Laws

However, the strictness of Texas law doesn’t mean Marijuana lacks benefits. Many states in America have legalized Marijuana. What’s more, Texas allows compassionate use of weed. The state has a special law – Compassionate-Use Act that dates back to 2015.

The law in itself is a testament to the benefits of weed for medical use. The act allowed the first-ever legal use of weed (specifically low-THC cannabis/marijuana products) for treating patients suffering from intractable epilepsy. In 2019-2021, the law was expanded to allow medical use of Marijuana for other conditions.

Currently, legal marijuana possession and use are extended to patients who meet the eligibility criteria i.e., those listed under the Texas Occupations Code; Section 169.003. This includes persons with seizures, epilepsy, autism, cancer, multiple sclerosis, autism, PTSD, spasticity, amyotrophic lateral sclerosis, and other incurable neurogenerative diseases.

Medical use of Marijuana in Texas has been expanded beyond the Compassionate-Use program by the HB 1535 to include patients with some cancers. HB 1535, which came into effect on 1st September 2021, also raised maximum THC levels to 1% from the previous 0.5%.

In general, Texas may have strict marijuana possession laws that can land you in prison and result in hefty fines. However, the state recognizes the health benefits of weed and gives special exemptions to persons with conditions listed as per the Texas Occupations Code; Section 169.003 and HB 1535.

Marijuana Possession Laws Based On Different Factors

Before diving into the facts around marijuana possession, it’s important to discuss the specific laws behind the legal use of Marijuana.

The Texas Health & Safety Code; Chapter 487 covers specific requirements for licensing and registering dispensaries in Texas that offer low-THC Marijuana to qualified patients.

The Texas Occupations Code; Chapter 169 covers matters revolving around the prescription of Marijuana to patients. For instance, there are rules governing how qualified physicians should prescribe low-THC marijuana products. There are guidelines on the type of patients i.e., those with serious/incurable neurogenerative diseases. Chapter 169 also defines low-THC cannabis, i.e., a marijuana plant/derivative with 1% or less THC in weight.

Texas Administrative Code; Title-25 has a special rule – 1.61 listing incurable neurodegenerative diseases eligible for prescription. To enjoy safe medical use of Marijuana in Texas without worry, you must understand the above laws.

Need For An Attorney When Interpreting Texas Marijuana Possession Laws

Understanding legal marijuana possession in Texas can be a daunting task. The importance of seeking advice from seasoned attorneys on the matter can’t be overemphasized. If you have a condition that requires medical use of Marijuana, find a seasoned law firm – such as The Medlin Law Firm, with a history of successfully representing individuals on matters related to cannabis possession.

Benefits Of Weed


Marijuana use dates back centuries. While the FDA hasn’t approved a marketing application on Marijuana for treating any disease or medical conditions, the agency has approved four drug products (one cannabis-derived product and three cannabis-related products). Most importantly, these products can only be bought using a prescription from licensed healthcare providers.

These advancements show that there are possible weed benefits. Recent studies indicate that cannabis is being used widely across the US. So, what are the precise scientific benefits of weed?

I. Chronic Pain Benefits

Numerous studies have been conducted on medical benefits of weed. Reviews on multiple studies have also been done. One notable study on the medical use of cannabis to manage chronic pain shows that Marijuana is indeed effective. Marijuana contains cannabinoids – the main active ingredients. Alongside other compounds, cannabinoids have been found to act on brain receptors relieving pain in the process.

II. Treating Addiction

There’s scientific evidence showing that Marijuana can also treat persons suffering from alcohol or other drug addiction problems.

Contrary to popular opinion, addiction isn’t a choice. Addicted persons can’t stop taking drugs without professional help. This is due to addiction affecting the brain and making addicts heavily dependent on the drug in question.

Marijuana has been used to treat alcohol and other drug addictions effectively. However, some findings state that using Marijuana to beat an addiction increases the risk for abuse and dependence on the drug. However, this doesn’t mean Marijuana hasn’t been successfully used to tackle addiction.

Cannabis has been found to reverse changes made by drugs in the brain. Drugs like heroin are known to damage the brain’s glutamate transmitter, critical for cognition, decision making, and reward. Cannabidiol reverses these impairments allowing a person to regain good decision-making skills. Cannabis also has the same effects as antidepressant and anti-anxiety medicines.

III. Treating PTSD, Depression, & Social Anxiety

The benefits of weed extend to treating mental disease symptoms like depression and PTSD. There is evidence that cannabis actually treats symptoms of mental health problems such as flashbacks, anxiety, difficulty sleeping, sadness, and loss of interest in anything.

However, cannabis isn’t recommended for every mental health problem. For instance, it shouldn’t be used to treat mental health issues like psychosis and bipolar. What’s more, it shouldn’t be self-prescribed. Since Texas marijuana possession laws are strict, you need a prescription to possess and use Marijuana for treating your mental health issue.

IV. Marijuana & Cancer-Fighting Benefits

Facts About Marijuana Possession In Dallas Texas

Studies suggest that cannabinoids can help alleviate symptoms such as vomiting and nausea linked to chemotherapy. Other studies suggest that Marijuana can reduce inflammation and offer antioxidant benefits, which are beneficial for fighting cancer.

The studies on cancer cells and their effect when exposed to cannabinoids also suggest that Marijuana can slow down growth or kill certain types of cancer. However, the form of marijuana matters. For instance, inhaled Marijuana (smoked or vaporized) is believed to be more effective since THC finds its way faster into the bloodstream and brain.

Edible Marijuana ingested via the mouth is slower. Edible Marijuana like biscuits and brownies have Marijuana that takes hours to be absorbed. However, it may come with risks such as overdose. Inhaled Marijuana can be effective quickly. However, its effects fade faster than edible Marijuana.

Most importantly, such products must be legally prescribed in Texas. Marijuana used for cancer-fighting benefits or other medical-related reasons must be authorized.

V. Marijuana & Multiple Sclerosis

Oral cannabinoids have been found to improve multiple sclerosis symptoms like muscle spasms and stiffness.

VI. Marijuana & Epilepsy Benefits

The FDA has approved some medication in the past containing cannabidiol. This medication – Epidiolex, is effective in treating rare and severe types of epilepsy known as Dravet and Lennox-Gastaut syndrome.

CBD is among the many substances in cannabis. CBD isn’t psychoactive. It is most effective in treating epilepsy in its purest forms. Recent studies have found CBD to be effective in treating epilepsy in children by reducing the number of seizures. This is particularly true for patients with Dravet syndrome, which is characterized by repetitive and prolonged seizures.

Dravet syndrome is very severe in children reducing the life expectancy to just 20 years among 25% of children sufferers. Studies have proven CBD’s effectiveness in reducing seizures by over 50%. The reduction in seizures is strong evidence that marijuana compounds can help persons living with epilepsy reduce or completely eliminate seizure occurrences.

Side Effects Of Marijuana

While medical Marijuana is allowed under strict guidelines in Texas, usage comes with some possible side effects, especially when the drug is abused. Possible side effects include depression, dizziness, bloodshot eyes, hallucinations, fast heart rate, and low blood pressure.

Marijuana can also alter judgment and coordination, increasing the risk of causing accidents or injuries. When consumed in some forms i.e., when smoked, Marijuana can increase risks of respiratory illnesses like bronchitis and other lung diseases. What’s more, Marijuana can result in overdependence if abused. To avoid this, consumption must match the doctor’s guidelines.

There are also issues surrounding regulation. Since the FDA doesn’t oversee medical marijuana products like other prescription drugs, the quality of marijuana products can be compromised. Texas monitors medical marijuana products and sales but needs more resources to do a thorough job.


You won’t be jailed and fined in Texas for marijuana possession if you fall under the list of persons permitted to use Marijuana for medical reasons. Many states have legalized recreational use of Marijuana in the US; however, Texas allows medical use only!

To avoid legal problems, it’s advisable to talk to a seasoned Texas attorney that understands marijuana regulations in Texas. You can also get legal help if you are arrested for Marijuana possession. The Medlin Law Firm has 79+ years of combined experience handling drug crimes and related cases in Texas. Marijuana may be beneficial to your health. However, it’s still illegal to use it recreationally in Texas.

Texas Marijuana Possession Laws

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