Cannabis laws are confusing. In some states, it is fully legal—even for recreational use—but in others, like Texas, it is not. The situation becomes even more complicated with new ways of consuming cannabis, particularly THC vape cartridges. Many people don’t realize that Texas law does not treat weed pens the same way as marijuana flower. If you are caught with a weed pen containing more than one gram of THC, you are facing a felony charge, with a possible sentence of two to ten years in prison. That small vape pen you thought was harmless could change your life forever.
The legal landscape gets even murkier with the rise of hemp-derived THC alternatives like Delta-8, Delta-10, HHC, and legal Delta-9 products, which you can now find at gas stations and convenience stores across Texas. These substances produce psychoactive effects similar to regular THC, yet they remain legal due to a loophole in the 2018 Farm Bill. However, this could change soon. Senate Bill 3, currently being debated in Texas, aims to ban these products entirely. The laws are evolving fast, and many people may find themselves caught off guard. Even if your vape cartridge is technically legal, police officers may not know or care about the difference. If you are pulled over, you could still be arrested and forced to prove its legality—something as simple as keeping receipts and packaging could help your case.
With so much uncertainty, knowing your rights is crucial. Understanding what to say (and what not to say) if you are stopped by law enforcement could make all the difference. In our latest video, Attorney Evan Janssen explains everything you need to know about this legal gray area and what steps to take if you ever find yourself in trouble over a THC product.
Watch now to stay informed and protect yourself.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change, and every case is unique. If you need legal guidance regarding your situation, contact our office at (512) 610-1090 to consult with a qualified attorney.
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