What happens if Texas de-schedules marijuana from Schedule 1?

On Behalf of | Jun 8, 2024 | Criminal Defense

Texas currently classifies marijuana as a Schedule 1 substance. This means the state considers marijuana to have a high potential for abuse and no accepted medical use.

If Texas decides to de-schedule marijuana from Schedule 1, it would represent a significant shift in the state’s drug policy.

Increased accessibility

According to the National Center for Drug Abuse Statistics, arrests for the possession of marijuana dropped 68% over the last decade. De-scheduling marijuana would mean Texas no longer considers it a dangerous drug. This change could lead to several important outcomes. First, marijuana could become more accessible for medical and possibly recreational use. Many people who use marijuana for medical conditions could benefit from easier access and legal protection.

New regulations

However, the de-scheduling of marijuana does not mean people can use it without any restrictions. Texas would likely establish new regulations for the production, sale and use of marijuana. These regulations could include age limits and licensing requirements for dispensaries

Potential for arrest

Even with these changes, individuals could still face arrest for certain marijuana-related activities. For example, driving under the influence of marijuana would remain illegal. Selling marijuana without a proper license would also be against the law. People might also face legal consequences for using marijuana in public spaces where it is not allowed.

Federal law considerations

Another important factor to consider is federal law. The federal government still classifies marijuana as a Schedule 1 substance. This means that even if Texas de-schedules marijuana, federal law enforcement agencies could still arrest individuals for marijuana-related offenses. However, federal authorities usually do not intervene in states that have legalized marijuana unless there is large-scale trafficking or other serious crimes.

Although de-scheduling would reduce many legal risks, it would not eliminate them entirely. It is important to understand and adhere to both state and federal laws regarding marijuana.