What are the penalties for traditional marijuana? Why the Supreme Court ruled against an EPA law that actually doesn't exist.Former Texans president Jamey Rootes dies after 'a battle with mental health'.Houston couple ceding restaurant to Killen's Barbecue has big plans of their own.Lady Gaga says she hopes 'purple' Texas turns blue at Arlington concert.10 standout Vietnamese restaurants in Houston to visit right now.Lina Hidalgo fires back after Greg Abbott, officials accuse Harris County of 'defunding' police.Texas school district bans pronoun use, limits restrooms transgender students can access.Texas legislators could take up the issue during their next regular session, which begins in spring 2023. We've already made a substantial part of our case, and the judge sided with us.' 'People get the wrong idea about 'temporary,' like somehow it's a technicality. 'To get a temporary injunction, the has to be convinced that you're likely to succeed in the bigger case,' Maguire said. Jay Maguire, Texas Hemp Federation's executive director, said that legal battle could last till the end of 2023. The department, represented by the Texas Attorney General's Office, appealed that ruling to an appellate court, where the case has sat since November. In November, a judge signed a temporary injunction barring the department from adding Delta 8. Advocates with the Texas Hemp Federation and business leaders balked at this maneuver and sued the agency to block it. In 2021, the Texas Department of State Health Services attempted to quietly add Delta 8 to the state's list of controlled substances. Delta 8 products are available in edibles, buds and concentrates. When the U.S. and Texas both legalized hemp in recent years, that opened up the possibility for hemp-derived cannabinoids to proliferate. The substance is an isomer to THC, or tetrahydrocannabinol, which is the active ingredient in marijuana. What about Delta 8?ĭelta 8, commonly known as 'weed light' and found over the counter at your corner smoke shop, remains legal in Texas and will likely remain that way for some time, advocates say. There are exceptions to the program, however, including possession in a drug-free zone or packaging that indicates an intent to distribute. The diversion program applies in cases involving fewer than four ounces of marijuana, giving those involved the option to avoid arrest, tickets or court appearances if they take a four-hour drug education class within 90 days. In recent years, Harris County's diversion program for low-level marijuana offenses has drastically reduced misdemeanor arrests for cannabis possession. What about Harris County's Marijuana Diversion Program? If you get caught falsifying a drug test, you’ll face a misdemeanor. On a second offense and in cases of repeat offenders, charges are upgraded to a felony. If you’re selling, that's also a misdemeanor on your first offense. If you possess one, you’ll be charged with a misdemeanor. And then there’s weed paraphernalia such as bongs. If you possess, cultivate, or sell hash or its concentrates in any amount, it’s a felony. If you sell fewer than seven grams, you’re committing a misdemeanor-and at seven or more, a felony. If you possess or cultivate four or more ounces, then you’re committing a felony. According to the National Organization for the Reform of Marijuana Laws, Texas law stipulates that possessing or cultivating less than four ounces of cannabis is a misdemeanor. Any type of possession is punishable under Texas state law-but when and how gets complicated. Recreational use cannabis is illegal in Texas. Several Texas companies make and sell Delta 8 products, an isomer to marijuana's active ingredient. Instead, qualifying patients who are Texas state residents need to get approval from a doctor registered in the Compassionate Use Program. Unlike other states, however, Texas does not offer or issue medical use cannabis cards. Which conditions qualify someone for the program? While this is not comprehensive, the list includes c ancer, autism, amyotrophic lateral sclerosis (ALS), multiple sclerosis (MS), cerebral palsy, Alzheimer’s and post traumatic stress disorder. Texas is known for having one of the most restrictive medical use laws in the country, so this is actually a considerable expansion. House Bill 1535, which went into effect last September, expanded the allowable THC limit for medical patients from 0.5 percent to 1 percent. Cannabis possession is only legal if you’re allowed medical usage under the state’s Compassionate Use Program enacted in 2015.

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