Q: Is it still a felony to get caught with thc oil in Texas?
A:
Yes and no. It depends on the amount of THC in the oil.
As finally passed, HB 1325 distinguishes between (now legal) hemp and (still illegal) marijuana. Both terms reference the same plant—Cannabis sativa L.—with the sole difference being THC content. Specifically, “hemp” is defined as Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. That type of cannabis is now excluded from the definition of “marihuana” in the Controlled Substances Act, and hemp and the tetrahydrocannabinols in hemp are also excluded from the definition of a “controlled substance” in that Act. As a result, hemp is no longer prosecutable as marijuana or as a Penalty Group 2 tetrahydrocannabinol other than marijuana.
The only was to determine whether the oil is hemp (which is not illegal) and marijuana is to test for concentration of THC more than 0.3 is still illegal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
