Cannabis FAQ

Federal, State, and Local Cannabis Laws

Laws about cannabis are changing frequently, even as opinions about it remain divided. Some people consider cannabis a dangerous drug, while others consider it a fun vice to be enjoyed responsibly, or even a trendy wellness product. All of this leads to a lot of confusion on the legal front. Can you safely continue smoking a joint as a police cruiser passes by? Are drug trafficking rings still the subject of major investigations if the only drug they are dealing is cannabis? Even though there are plenty of loopholes and gray areas, it is still possible that a court will order you to serve a sentence in federal or state prison for marijuana offenses.

If you are facing criminal charges related to cannabis and looking for legal representation in Texas, contact a drug crimes attorney at the Law Office of Patrick J. McLain, PLLC: (214) 238-9392.

What Does the Controlled Substances Act Say About Cannabis?

The federal Controlled Substances Act categorizes cannabis as a Schedule I controlled substance. Schedule I controlled substances are not legal for medical use under any circumstances. Other Schedule I controlled substances include heroin, LSD, and MDMA. By contrast, Schedule II controlled substances have at least one legally accepted medical application but a very high potential for abuse. Amphetamine, fentanyl, and cocaine are Schedule II controlled substances.

What Is Legal in Dallas as Far as Cannabis Possession?

Since 2021, Dallas police do not charge you for possession of less than two ounces of cannabis unless there is other evidence of a crime, such as a firearm or communications related to the resale of drugs.

As of 2022, Where Does Texas Stand on Cannabis Laws?

At the state level, recreational use of cannabis is illegal. The Texas medical cannabis program only allows for the sale of low THC cannabis oil, not marijuana leaves or entire cannabis plants. Views on where to go next with cannabis policy tend to divide along partisan lines. Many Republican lawmakers oppose the legalization of cannabis but support changing it from a Schedule I to Schedule II controlled substance. Many Democratic lawmakers support the legalization of cannabis and the implementation of medical and recreational cannabis policies similar to the policies in Colorado, as well as the expungement of cannabis-related convictions.

If Cannabis Is Only Somewhat Illegal in Texas, Can You Still Go to Prison for Possession?

Yes. While many cities in Texas, including Dallas, have stopped prosecuting people for possession of small quantities of cannabis, it is still illegal to grow and sell cannabis in Texas. If you are involved in a drug trafficking operation, you can be sentenced to many years in state or federal prison, even if the only drug involved in the trafficking operation was cannabis.

Contact the Law Office of Patrick J. McLain, PLLC About Marijuana Charges

A drug crimes defense attorney can help you if you are facing federal charges for trafficking in cannabis or other offenses related to the illegal possession and sale of cannabis. Contact the Law Office of Patrick J. McLain, PLLC in Dallas, Texas to discuss your case. We can be reached via our online for or by dialing (214) 238-9392.