If you travel across the United States, you will find a delightful patchwork of cultures and traditions. As you go from city to city and state to state, you will encounter different customs, traditions, and cuisine with each mile you travel. These differences are what makes America exciting and fun.

Some differences between states can be confusing and frustrating. They can even land you in jail. Travel outside of Texas and you will encounter some states that have legalized the sale and possession of recreational or medical marijuana. However, not every state allows its residents to use or possess marijuana for any purpose.

No Marijuana Possession or Use in Texas

Despite other nearby states like New Mexico and Colorado having legalized marijuana, possessing and using marijuana in the Lone Star state still remains illegal. (You are permitted to possess, use, and sell CBD oil that contains no more than 0.3% THC.) Texas’ laws applies to all individuals who are within the geographic limits of Texas.

“Legal” Marijuana is Still Illegal in Texas

Suppose that you travel to Colorado or New Mexico and legally purchase marijuana from a dispensary in either state. Or suppose that you hold a medical marijuana card in one of the several states that issue such documentation. You might wonder if having another state’s permission to purchase or possess marijuana makes it legal for you to do so in Texas.

Unfortunately, the answer is no. Under federal law, marijuana remains classified as a controlled substance and states are free to regulate it as they choose. Not only this, but the states are not required to recognize, honor, or give any deference to how another state treats marijuana. Even if you acquired marijuana legally in another state or live in a state that has issued you a medical marijuana card, possessing, using, or selling marijuana in Texas remains illegal in 2023.

What To Do If You are Stopped and Have Marijuana on You

The best way to avoid criminal charges in Texas for possessing marijuana is to not have marijuana in your car or on your person if you are living, working, or traveling in Texas. If you do find yourself stopped and being investigated for marijuana possession, keep the following in mind:

  • Invoke your right to remain silent, as admitting to buying marijuana legally or having a card simply confirms you knew about the marijuana and were aware of what it was
  • Do not provide a false name or identifiers to the police, as this can be grounds for a separate charge
  • Having drugs on your person is a legally dangerous situation because if you are arrested and taken to jail, having drugs on your person can lead to additional charges.

Remember, whether you are stopped on the street or in your car, you do not have to answer questions beyond identifying yourself. You do not have to consent to a search of your person or your car, either.

Speak with an Experienced Texas Drug Defense Lawyer

If you are arrested on any drug-related charge, you need the help of a knowledgeable drug crimes lawyer. Call the Law Office of Kerrisa Chelkowski at (210) 228-9393, or reach out to our office online, as soon as you can. We will get to work right away protecting your rights and seeking a positive outcome to your charges.