Austin Marijuana Laws:

Earlier this year, it was ruled by the Austin City Council via an official resolution that those who were found to be in possession of small amounts of marijuana could no longer be arrested or ticketed, meaning that low-level marijuana possession in the city is now essentially decriminalized.

This has led to many wondering exactly what this means in terms of the local marijuana policy.

Basically, this does not mean that marijuana is legal in the city of Austin. Under Texas state law, any amount of marijuana is illegal. In terms of the resolution, charges will not be brought against those who are found to be in possession of amounts of marijuana ranging from 0 to 4 ounces, which is legally considered to be misdemeanor amounts. As previously stated, this means that these amounts in the city of Austin has been decriminalized, not legalized, as legalization means that the substance can be legally bought and sold – which is something that still cannot happen anywhere in the state of Texas. This means that basically, if you are caught selling marijuana anywhere in the city of Austin, you will still be arrested for possession of a controlled substance due to marijuana containing THC, which is a much harsher crime than possession of marijuana. In fact, possessing even trace amounts of a controlled substance is considered to be a felony crime, the severity of which is determined by exactly how much of the substance itself you have.

In simple terms: regardless of whether you intend to sell the substance or not, it remains illegal to possess any amount of the marijuana portion of the cannabis plant. Despite this, the state of Texas views the substance as being much less severe than other forms of drugs, and despite the marijuana plant being illegal, it is not considered to be a controlled substance. As it pertains to the charge for possession of marijuana, this is something that can vary from misdemeanor to felony, as this depends on how much of the substance you have, as well as if the police themselves believe that you were engaged in selling and delivering it.

In terms of CBD, this is something that is legal all across the state of Texas itself. Back in 2019, Governor Greg Abbott enacted a law which stated that products derived from the hemp portion of the cannabis plant are, in fact, legal as long as they contained less than 0.3% THC, which is the psychoactive compound of marijuana that typically causes an individual to get high.

In the event that you do find yourself arrested for a crime related to marijuana, you will need to obtain the services of an experienced attorney, as fighting these types of charge will require an understanding of search and seizure law, and they can also be rather complex to navigate through. Furthermore, it’s important to note that in the event you aren’t able to afford an attorney, you will be provided with a court-appointed public defender by the county in which you currently reside.