The New Marijuana Law in Texas

By Brock Benjamin
Founding Attorney

Q: What should I know about the new marijuana law in Texas?

El Paso drug criminal defense attorneys stand ready to defend their clients who’ve been arrested on marijuana cannabis charges, even as attorneys in other Texas counties expect to see existing low-level cannabis cases dismissed—at least temporarily—due to enforcement complications created by a new law.

What is the new cannabis law in Texas?

A new law in Texas legalized “minimal THC cannabis”—also called hemp. Now, hemp with less than 0.3% of THC is classified as a legal “ordinary agricultural commodity” instead of the illegal controlled substance it was previously. 

However, because “hemp and marijuana are identical in look and smell” it’s difficult for local law enforcement to decide who should be prosecuted in the field. 

Reportedly, prosecutors across Texas are waiting for “effective and cost-friendly” technology to be developed that’s capable of distinguishing between hemp and marijuana and in the meantime are reportedly not prosecuting “low-level cannabis cases”. However, El Paso County appears to be the one exception to that practice and continues to prosecute.

Why hire the Benjamin Law firm to defend a drug case? 

Facing drug-related criminal charges in Texas subjects the accused to the possibility of serious consequences if convicted—often including significant jail time. As one of only about six attorneys in El Paso County certified in criminal law by the Texas Board of Legal Specialization, founding attorney, Brock Benjamin, is not only recognized as a criminal defense expert with a successful track record, but he was also a former prosecutor who understands what makes and breaks a case from both sides of the courtroom. Additionally, Brock Benjamin was interviewed in an article by KFOX when this was enacted.

If you have been charged with possession of marijuana, or any other drug crime, the Benjamin Law Firm can help you. Contact us today for a consultation. 

From our office in El Paso, we provide aggressive legal representation and treat our clients with dignity and respect. We leverage our experience and relationships with members of law enforcement and prosecutors to level the playing field against the power of the state and either avoid conviction or get our clients the best possible outcome under their particular circumstances. 

About the Author
Brock Benjamin is board-certified in Criminal Law by the Texas Board of Legal Specialization.  His practice is primarily state and federal criminal law and appeals.Brock 

Posted in: Drug Criminal Defense