Possession of marijuana in Texas is illegal. While a number of states have passed laws allowing for the medicinal use of marijuana or made the use of marijuana legal, it is important to remember that Texas is NOT one of those states. However, the Texas legislature did recently define marijuana as possessing more than .3% of THC. If the THC content is .3% or less, it is considered hemp, which is legal.
Because one cannot tell whether or not a bag of green leafy substance has more or less than .3% of THC, law enforcement must now rely upon lab testing to determine if that leafy substance is, or is not, legal. As long as you exercise your right to remain silent when asked is this marijuana, law enforcement now faces a much more difficult road because there are not that many labs that are equipped to perform the requisite THC testing.
While possessing less than two ounces of marijuana is a misdemeanor, it is important to remember that a conviction for marijuana offenses will follow you for life. Not only will such a conviction result in a driver’s license suspension, but it can also make it difficult to pursue certain careers or obtain professional licensing in various fields. Do NOT let what appears to be a minor case cause a life-long impact. An experienced criminal defense attorney can help you in these situations.
While every case is different, there are certain things that an experienced criminal defense attorney will look for, such as a wrongful stop, an unconstitutional search, or a law enforcement officer trying to charge everyone in a vehicle simply because drugs were found in the vehicle.