Can Texans start lighting up joints if the federal government makes marijuana legal?
If the Biden administration’s move to loosen federal rules on marijuana leads to the drug’s decriminalization, what will happen in states that still consider weed illegal? Could Texans theoretically start smoking joints freely?
Sure, in theory.
A clause in the U.S constitution says federal law generally takes priority over a state law. This was declared as the supreme law of the land.
Issues with the Articles of Confederation, which ruled the United States from 1781 to 1789, prompted the creation of the Supremacy Clause, which can be found in article VI of the Constitution. The clause was designed to resolve disagreements between federal and state laws that addressed the same subject. Arizona’s immigration law is an example of how the federal government enforces the supremacy clause.
The road to even get to this point is long and will surely see many court challenges.
Until federal law changes officially, pot is still illegal in Texas
Marijuana offenses are subject to strict state law. An offense can result in fines of thousands of dollars and years behind bars.
The consequences for possessing marijuana are as follows:
2 ounces or less — Class B misdemeanor with a maximum fine of $2,000 and up to 180 days incarcerated.
2-4 ounces — Class A misdemeanor with a maximum fine of $4,000 and up to one year incarcerated.
4 ounces to 5 pounds — State jail felony with a maximum fine of $10,000 and 180 days to 2 years incarcerated.
5 to 50 pounds — 3rd degree felony with a maximum fine of $10,000 and two to 10 years incarcerated.
50 to 2,000 pounds — 2nd degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.
2,000 pounds or more — 1st degree felony with a maximum fine of $50,000 five to 99 years incarcerated.
The penalties for selling marijuana are:
7 grams or less for no remuneration — Class B misdemeanor with a maximum fine of $2,000 and up to 180 days incarcerated.
7 grams or less — Class A misdemeanor with a maximum fine of $4,000 and up to a year incarcerated.
7 grams to 5 pounds — State jail felony with a maximum fine of $10,000 and 180 days to two years incarcerated.
5 to 50 pounds — 2nd degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.
50 to 2,000 pounds — 1st degree felony with a maximum fine of $10,000 and five to 99 years incarcerated.
2,000 pounds or more — Enhanced 1st degree felony with a maximum fine of $100,000 and 10 to 99 years incarcerated.
With a prescription, Texas permits the selling of medical marijuana. A list of doctors that recommend low-grade cannabis to patients with epilepsy, cancer, autism, and other diseases is available online through the Texas Department of Public Safety. Searching the DPS website will help you find a doctor who can prescribe low-THC.
This story was originally published May 1, 2024 at 1:34 PM.
