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Texas Cannabis & Marijuana Law Questions & Answers
3 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Charged with THC possession, claiming Delta 8 legality. Next court date July 16, 2025, TX. Advice?

I am currently facing a felony charge for possession of a controlled substance (THC) in Texas. About two years ago, an administrator at my school spotted me with a product they thought was illegal THC. I explained it was a legal Delta 8 hemp product, which included the company's logo on all... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2025

You should hire a criminal defense attorney with experience handling this particular type of drug possession case. Realize that not all Delta-8 THC products are legal and, because they are not regulated by the FDA, a company logo or label does not reasonably ensure that the product itself is legal... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: will a possession of marijuanna arrest without a conviction keep me from obtaining a massage therapy instructor license?

i was arrested in 2018 i completed pre-trial diversion and am eligible for expungement but it has not happened yet because of financial barriers. i have had no subsequent legal troubles or arrests. i have been a licenced massage therapist for over 10 years with no issues in retaining my license... View More

John Cucci Jr.
John Cucci Jr.
answered on Jan 10, 2025

If you completed your DIVERSION program "satisfactory" and the judge told you in court, that your weed case was dismissed, then your application for a massage Instructor, will not be stopped or hurt, due to your past criminal charges. You should get the expungement as soon as you can.... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Employment Law and Products Liability for Texas on
Q: I accidentally consumed a product with THC and I have a job that does random tests. Should I inform my employer?

I occasionally do legal mushroom edibles but always buy products that do not contain any THC or THC derivatives because my employer does random tests. My smoke shop started selling mushroom vapes so I decided to try one. After using it the effects were reminiscent of marijuana, noticeably different... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of... View More

1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: Can first time offenders felony charge with the pen with THC that was bought at a smoke shop be charged with that felony
John Michael Frick
John Michael Frick
answered on Aug 14, 2024

Yes, possession of any quantity of THC in Texas is a felony unless it falls within the "hemp" exception. The legal definition of "hemp" requires that it have a concentration of delta-9 THC that is not more than 0.3% on a dry weight basis.

It is very important that you...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: how to remove current public records of felony marijuana conviction that was sealed in 1975?

I was convicted by guilty plea for felony possession of marijuana in 1975. After serving probation, my attorney got a court order saying the guilty plea was allowed to be withdrawn, and the indictment was dismissed and stricken from the docket. Also it says I was released from all penalties... View More

John Cucci Jr.
John Cucci Jr.
answered on May 27, 2024

The answer depends on what you mean by sealed. If there is a court order saying that your conviction should be purged from the public records, you can file in-court to have that order executed and force the reporting agency to remove it.

Otherwise, I would need to see the paperwork which is...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Yes, I would like to know how to I go about helping find a pro bono lawyer in East Texas for possession of marijuana,

Less than 2 ounces in a drug free zone

John Michael Frick
John Michael Frick
answered on May 9, 2024

Generally speaking, lawyers do not take criminal cases like this on a pro bono basis because indigent defendants are entitled to a court-appointed defense attorney. If you are not indigent, an attorney who is not a relative or close friend of yours most likely will not take such a case on a pro... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
John Cucci Jr.
answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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1 Answer | Asked in Cannabis & Marijuana Law, Business Formation and Business Law for Texas on
Q: Can I legally resell consumable hemp products in Texas without a license?

I am planning to resell consumable hemp products, such as edibles and smoking items, in person in Texas. I currently hold no certifications or licenses for this type of business and would like to understand the legal requirements and any licenses needed to operate legally in Texas.

James L. Arrasmith
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answered on Jul 6, 2025

No, you cannot legally resell consumable hemp products in Texas without the proper license or registration. Under Texas law, anyone selling consumable hemp products—including edibles, tinctures, and smoking items—must be registered with the Texas Department of State Health Services (DSHS). Even... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Cannabis & Marijuana Law for Texas on
Q: Boyfriend pulled over, officer mentioned warrants. What steps to take next?

My boyfriend was pulled over last night while driving without a license. The officer mentioned he may have warrants but did not arrest him, possibly due to the car having insurance. My boyfriend hasn't been pulled over since last year when an incident occurred where police mistakenly thought... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your boyfriend needs to immediately check for active warrants before driving again or having any further police contact, as the officer's warning suggests something appeared in their system during the traffic stop. He can check for warrants by calling the clerk of court in any counties where... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Will I face jail time for second offense marijuana possession with deferred adjudication on first charge in Texas?

I was pulled over for expired registration and arrested for a second offense possession of marijuana, classified as a Class B misdemeanor in Texas, right before Memorial Day. I'm 20 years old and received deferred adjudication for my first possession charge about a year ago. I am part of the... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you do face a real possibility of jail time for this second marijuana possession charge, even though your first offense resulted in deferred adjudication. In Texas, possession of two ounces or less of marijuana is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Texas on
Q: Challenge to probable cause under Plainview doctrine for alleged marijuana blunts in cigarette pack; no contraband found, ongoing tampering charges.

I was involved in an incident where an officer cited probable cause under the Plainview doctrine, claiming to have seen three brown marijuana blunts in a pack of cigarettes. However, the officer did not smell marijuana, and it wasn't clear if loose marijuana was visible. Despite this, a search... View More

James L. Arrasmith
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answered on Mar 31, 2025

The Plain View Doctrine requires that officers must have lawful access to the object and its incriminating nature must be immediately apparent. In your situation, the officer's claim of seeing "brown marijuana blunts" raises significant questions about whether the incriminating... View More

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Internet Law for Texas on
Q: Can deleted WhatsApp messages be used in a weed-related investigation in Texas?

I sold weed to someone in front of my house. Afterward, this person was caught, and they showed the WhatsApp conversations that led to a raid on my house. However, no incriminating evidence was found, and no charges have been filed against me so far. I'm wondering if the deleted WhatsApp... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2025

Yes, “deleted” WhatsApp communications can be recovered and used as evidence in court proceedings.

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1 Answer | Asked in Business Law and Cannabis & Marijuana Law for Texas on
Q: Store sells delta 8 and puts a sticker on it sayin its 90% THC-A. Who do I report this to? Can they be sued for this?

Selling it as 90% THC-A. the box clearly says delta 8 under the sticker

John Michael Frick
John Michael Frick
answered on Jan 20, 2025

The Consumer Complaint Division of the Office of the Attorney General:

https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Texas on
Q: I do not know what my charges are. I wasn't in my truck, and yet they're trying to keep it. I don't know what to do
John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should hire an attorney in or near the county where you were arrested who has experience defending civil forfeiture proceedings. The government can pursue seizure and forfeiture actions even though no one was arrested and no charges have been filed. As the owner of the truck, it is incumbent... View More

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1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: 22 years ago got 2 tickets. I've had a driver's license and ID since then I don't know why now &is it legal?

they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes?

Grant St Julian III
Grant St Julian III
answered on Nov 21, 2023

The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck.

1 Answer | Asked in Banking, Cannabis & Marijuana Law, Civil Litigation and Contracts for Texas on
Q: Yes I need help with my realtor business on what I own
John Cucci Jr.
John Cucci Jr.
answered on Nov 17, 2023

It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.

I...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Should my wife plead guilty for marijuana possession in the state of Texas? Her very first offense?
John Michael Frick
John Michael Frick
answered on Jun 19, 2023

If she's guilty, it depends upon what sentence the DA is offering in the plea bargain. Sometimes, it is better to not plead guilty even when you are guilty in order to be able to fully explain the circumstances of the offense, especially when the consequences being offered by the DA appear... View More

1 Answer | Asked in Personal Injury, Cannabis & Marijuana Law and Car Accidents for Texas on
Q: I was in a car accident January 12, 2023. NOT my fault. Got arrested for marijuana.

I was at a complete stop when a truck hit me going 70 mph. I was injured cop asked me for my license which was in the car in hidden compartment. I had been given a nug (less then a gram) of weed, a grinder and a pipe the day before. I had it in my car because I was currently staying with a friend... View More

John Michael Frick
John Michael Frick
answered on May 2, 2023

It is typical for first time drug offenders to receive probation, community service, and a small fine.

While many people think that is just a slap on the wrist, other people find it is sufficient to deter future similar criminal behavior.

If you don’t feel the punishment is right,...
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1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

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Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Child Support for Texas on
Q: My brother has a 110000 bond just want to know if there is a way to get it reduced or to get him reinstated in probation
Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 21, 2022

Retain a lawyer. The lawyer can ask for bond reduction and to reinstate probation

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