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It is currently legal to possess products derived from the Cannabis plant, which could be either legal hemp or illegal marijuana. It’s allowed in Texas for you to possess plants and products with less than 0.3% THC in them (hemp). It is not currently allowed to grow a plant without a license. Marijuana is defined as cannabis, which has a concentration of 0.3% THC or higher. That is illegal. There is a question of whether or not the police can identify whether or not a substance contains more than 0.3% THC. It’s probably true that if marijuana was smoked and was able to get someone high, then it does have a higher concentration than 0.3% THC. However, nothing obligates you to share whether or not you are intoxicated with the officers, nor to share your opinion about whether or not the plant material is in fact marijuana. As always, if the police read you your Miranda rights, it is a good time to exercise your right to remain silent, and not say anything further on the matter in response to their questions. If you do feel obligated to say something, “I’m not a chemist, you’re going to have to test it,” is always a good bet.

Can I Own Any Part Of A Marijuana Plant In Texas?

In Texas, there is a specific law which says that the possession of marijuana is illegal. If you have cocaine and there is only a powdery residue at the bottom of a small bag, it is enough to sustain a charge of possession. There is no lower limit. For marijuana, however, the statute says that you are not allowed to possess a usable amount of marijuana. This means that if you have less than an amount that could be smoked by a person to get high, it is not possession of marijuana.

In addition to that, it means that parts of the marijuana plant that are not usable, you are allowed to possess. Stems, seeds, and other parts of the plant that you would not be able to use to get high are legal to possess. The flowers would also be legal for you to possess, as long as it was not containing more than 0.3% THC (hemp).

For more information on Possession Of Marijuana In the State Of Texas, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.

Blackburn Betts PLLC

Call For A Free Case Evaluation
(512) 478-9898