Houston Chronicle

On 4/20, here are the marijuana laws in state, county

- By Peter Warren

The origin of 420 as a marijuana-coded term is a group of California friends who in 1971 would meet after school to smoke at 4:20 p.m. every day.

Saturday marks one of the most well-known cultural holidays in the country: 420.

Celebrated every April 20, the holiday is a day for people to advocate for the legalizati­on of marijuana in the United States and other countries. The drug has been legalized in 24 states and decriminal­ized in seven more. Fourteen states have legalized the medical use of cannabis.

Texas is not one of them. The Lone Star State’s policy remains that weed is illegal. The only exception for medical marijuana use is when doctors prescribe lowTHC cannabis under the state’s Compassion­ate Use Program.

Is it legal to carry marijuana in Texas?

Sec. 481.121. of the Texas Health and Safety Code covers marijuana possession. The punishment for the crime depends on the amount of marijuana a person has when arrested.

There are six varying offenses depending on the amount, starting with a Class B misdemeano­r and ending with a first-degree felony.

A Class B misdemeano­r is for people in possession of two ounces or less

A Class A misdemeano­r is when people possess four ounces or less but more than two. A state jail felony is for less than four pounds but more than four ounces.

Third-degree felony offense is for 50 pounds or less but more than five pounds. A second-degree felony is 2,000 pounds or less but more than 50.

The highest offense would be a first-degree felony for possession of more than 2,000 pounds. The punishment for that crime is up to life in prison and/or a fine up to $50,000.

Is marijuana legal in Houston?

While it is illegal in the state to possess marijuana, Harris County has a program meant to keep people who would theoretica­lly be arrested for misdemeano­r possession out of jail.

The Misdemeano­r Marijuana Diversion Program is “a voluntary program offered through the Harris County District Attorney’s Office to divert ALL misdemeano­r possession of marijuana cases from jail.”

People are eligible to participat­e if they are at least17 years old, have identifica­tion on them while being arrested, no additional charges stemming from the arrest that are greater than a Class C Misdemeano­r and no warrants out on them or they are out on bond for a Class C Misdemeano­r or higher.

There are exceptions to the rule, such as possession with intent to sell and possession in a “Drug Free Zone.”

Participan­ts have 90 days to complete the program, pay a $150 program fee, complete a fourhour cognitive class and not break any more laws.

Has Texas decriminal­ized marijuana?

Texas has not decriminal­ized marijuana but some cities have decriminal­ized it. Those cities include Austin, Denton, Elgin, Killeen and San Marcos. Earlier this year, Texas Attorney General Ken Paxton sued those five cities for violating the state law.

The Texas House of Representa­tives passed a bill to decriminal­ize marijuana last year but the bill died in the Senate.

Are CBD gummies legal in Texas?

CBD products are legal in the state of Texas if they comply with state and national laws. CBD stands for cannabidio­l, which is a chemical found in cannabis plants that don’t produce a high.

Hemp products like CBD are legal in the state. However, they can’t be smoked. That is illegal.

Is delta-8 or delta-9 legal in Texas?

Delta-8 and delta-9 products, which are derived from cannabis plants, are legal in Texas. Products are only allowed to have up to a 0.3% concentrat­ion of delta-9 THC. There is no limit on delta-8 THC.

Since there is only a very small amount of delta-8 THC found in a marijuana plant, most of the product is created in labs by extracting cannabidio­ls and chemically changing them to delta-8 THC.

However, some are looking to ban the two substances, including Lt. Gov. Dan Patrick. Last week, he asked state senators to look into potentiall­y banning the products ahead of next year’s legislativ­e session.

What does 420 mean?

The origin of 420 as a marijuana-coded term is a group of California friends who in 1971 would meet after school to smoke at 4:20 p.m. every day and then go searching for a friend’s brother’s weed patch, according to PBS.

What exactly 420 means depends on the context the saying is being used. It can refer to the unofficial holiday of April 20, smoking at 4:20 p.m. like those California friends, smoking in general or even just marijuana.

 ?? Jay Janner/Austin American-Statesman via Associated Press ?? Fancy Fairchild participat­es in a rally to legalize marijuana on April 20, 2022, at the Governor’s Mansion in Austin.
Jay Janner/Austin American-Statesman via Associated Press Fancy Fairchild participat­es in a rally to legalize marijuana on April 20, 2022, at the Governor’s Mansion in Austin.

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