Lawyer in Houston: What’s the Scoop With Marijuana Legalization?

As a lawyer in Houston, we want to warn you that while many states are legalizing marijuana, the war on drugs is alive and well in Texas.  Over the past decade, states have been legalizing marijuana for use medically, and recently both Colorado and Washington passed bills allowing for its recreational use.  Still, many states that have yet to pass these laws have bills in the general assembly addressing this issue right now.  While, at the federal level, marijuana is illegal, this has created a lot of confusion across the country and in Texas. 

Warning: If you live in a state where it is legal to use marijuana, or you have your state-issued medical marijuana card, do not expect to be able to use the drug in the state of Texas.  If a police officer finds marijuana on your person or in your vehicle, they are likely to conduct a very personal, very invasive search of your person.  You are better off leaving the drugs at home or taking a detour. 

The news has been full of stories and even videos of people being subjected to invasive cavity searches in the Texas war on drugs.  Some have even taken place on the side of the road in full view of other drivers and other police officers.  Men, women – no one is safe in the war on drugs, even those who are innocent.  As a lawyer in Houston, I have seen many innocent people arrested, and some even sent to jail for drug crimes that were either incredibly minor or didn’t happen in the first place.  This is easy to do considering that many police officers have a canine or drug dog with them.  If, for example, you are driving a friend's car, and they previously had a joint in their pocket, the dog could sniff the drug, claim it is on your person and viola – you are getting cavity searched.  As extreme as this may sound, it happens all of the time. With that in mind, marijuana is treated as a serious drug by Texas law enforcement and they will go to great lengths to find it and punish those that may be using it, or anywhere in the vicinity of it.   

The closest we have come in Texas to legalizing the use of marijuana in any form is a bill that is currently being heard in the state Senate.  Sen. Kevin Eltife of Tyler and Stephanie Klick of Fort Worth, two Republican senators, have put forward a bill to legalize the use of cannabis oil for the treatment of epilepsy.  Debates will be heard before a vote is cast, and it will be interesting to see if this is viewed as soft on drugs or the first step towards Texas softening their policy regarding the usage of marijuana.  Keep in mind, that even if this law passes, Texas law enforcement will still be aggressive in their pursuit of violators so if you live in a state where using medical marijuana is legal, Texas may not be the best vacation spot for you. If, however, you find yourself on the wrong side of the law, as a lawyer in Houston, I can help to protect your rights.