Hemp vs Marijuana – What is Legal?

In TEXAS, Hemp is legal, Marijuana is not.

You can still catch a criminal case for Marijuana possession. In 2019, the Texas Department of Public Safety reported more than 45,000 arrests for possession of Marijuana. Even now, lots of good citizens who happen to possess one of the many forms of pot are cited or arrested every week.  If a person who was cited to appear in Court for pot possession does not appear, usually a warrant issues for their arrest.

Marijuana or Hemp?

Marijuana and Hemp are indistinguishable by look or smell because they both come from the cannabis plant.  A 2019 Texas law legalized Hemp, however, Marijuana possession (and delivery or sale) remains illegal in Texas.  The Texas Legislature legalized some forms of the Cannabis plant, but not all forms.  Marijuana possession is still prosecuted in cases around the state.  In Montgomery County, Texas, prosecution for Marijuana possession is very routine.

The Level of THC is important

Hemp, is defined as the Cannabis plant material which contains no more than 0.3% THC, the chemical which gives Cannabis users a high.

Marijuana is now classified as a Cannabis plant or its derivatives with a THC concentration of more than 0.3%. If the substance has 0.3% or less THC, it’s considered Hemp.  Cannabidiol, or CBD, is a non-psychoactive compound of Cannabis. It is sold all over Texas.  Supporters believe it can alleviate medical issues such as anxiety, depression and insomnia.

Marijuana Defense Attorney Gilbert Garcia, .J.D.

Marijuana Defense Lawyer
Gilbert G. Garcia, J.D.

Avvo Superb Attorney