Marijuana Laws in Austin

Attorney Trey Porter
Trey Porter

Marijuana Laws in Austin

marijuana laws in austin

IS MARIJUANA LEGAL IN AUSTIN TEXAS?

Marijuana is not legal in Austin, Texas. Although Travis County authorities may not prosecute low level possession offenses, marijuana remains an illegal controlled substance. Additionally, certain marijuana charges can result in lengthy prison sentences, costly fines, and a devastating, permanent criminal conviction. Learn more.

  • Is Marijuana legal in Austin, Texas for recreational use? Recreational marijuana use is prevalent but remains illegal in Austin, Texas. Marijauna users are subject to citation, arrest, and criminal prosecution. Marijuana vape use results in increased felony charges with lengthy prison sentences. Learn more.
  • Did Austin decriminalize Marijuana? Austin decriminalized petty marijuana cases involving small amounts. This means Austin Police will not arrest or issue citations for these marijuana cases. However, serious cases involving greater marijuana quantities will lead to criminal prosecution. Learn more.

IS TEXAS DECRIMINALIZING MARIJUANA?

No, the Texas legislature has not decriminalized marijuana. There is an active statewide marijuana decriminalization movement that has not affected any substantial change in legalization policy. 

  • Is recreational marijuana legal in Austin, Texas? Recreational marijuana is not legal in Austin, Texas. Travis County law enforcement will confiscate small quantities of marijuana and arrest individuals for more serious possession charges. A possession of Marijuana conviction carries severe consequences such as loss of job opportunities and ineligibility for the military. Learn more.
  • Are edibles illegal in Austin? THC edibles are illegal in Austin as they are throughout the rest of Texas. Possession of THC edibles is a felony carrying lengthy prison sentences and costly fines. Learn more.

CAN I BUY MARIJUANA IN AUSTIN?

No, it is illegal to purchase or sell marijuana in Austin. Texans diagnosed with a qualifying medical condition may meet criteria for medicinal marijuana under the state’s Compassionate Use Program. However, these prescriptions must be filled at a licensed dispensary and are not available for recreational use.

  • Can anyone go to a dispensary in Texas? No. Only those Texans with eligible medical conditions qualify for medicinal marijuana from a licensed dispensary under the state’s Compassionate Use Program. These medical conditions include epilepsy, multiple sclerosis, and spasticity. Learn more.
  • Can you have a dispensary in Texas? Recreational marijuana dispensaries are illegal in Texas. Medicinal marijuana dispensaries must meet all criteria as promulgated by Texas Department of Public Safety’s Compassionate Use Program. Learn more.

CAN YOU SMOKE IN AUSTIN?

It is illegal to smoke marijuana in Austin. This ban includes medicinal marijuana as it is designed to be ingested, not smoked. 

  • Can you get a medicinal marijuana card in Austin Texas? Medicinal marijuana is legal and available in Austin but is dispersed through the state’s Compassionate Use Registry not through medical marijuana “cards.” Licensed physicians will enter a prescription into the registry, which allows a patient to then get the prescription filled at any licensed dispensary. Learn more.
  • Can you smoke on the street in Austin? No, it is illegal to smoke marijuana on Austin streets or anywhere else in Travis county. Possession of Marijauna is a criminal offense that can result in a lengthy jail sentence and permanent criminal conviction in some instances. Learn more.

WHEN DID AUSTIN BAN SMOKING?

Smoking marijuana has been illegal in Austin for its entire history. Austin first imposed a citywide smoke free law for tobacco in nearly all public places including bars and restaurants in 2005.

  • Can I smoke in Austin airport? Smoking marijuana is illegal at Austin-Bergstrom International Airport. Tobacco smoking is also illegal in the airport except in designated zones around the Barbara Jordan Terminal. Learn more.
  • Can you fly to Texas with a vape? No, it is illegal to transport THC vape products into Texas. This conduct can lead to serious state felony charges as well as federal prosecution.

IS VAPING ALLOWED IN AUSTIN?

Vaping THC products is illegal in Austin. THC oil is classified under a different controlled substance group to leaf marijuana and is therefore subject to higher penalties. THC oil possession is a felony offense with a lengthy prison sentence, and costly fines. Learn more.

  • Is vaping a felony in Texas? Yes, possession of THC vaping oil is a felony offense in Texas. Texas classifies THC oil as a more serious controlled substance than leaf marijuana. Any detectable, usable amount of THC oil will result in felony criminal charges.

CAN YOU STILL SMOKE IN A BAR IN TEXAS?

It is illegal to smoke marijuana in all Texas bars as marijuana is an illegal substance under state and federal law. However, tobacco bans differ throughout Texas and individual bars may pursue their own policies on this front.

  • Can I smoke in my car in Texas? It is illegal to smoke marijuana in any car in the state as marijuana is an illegal substance under state and federal law.
  • Where is smoking allowed in Texas? Smoking marijuana is illegal everywhere in Texas, even in those jurisdictions that have decriminalized petty cases. Texas medicinal marijuana is manufactured for ingestion not for smoking. Many jurisdictions also ban tobacco smoking in public places, though these policies vary throughout the state.

WILL DELTA 8 TEST POSITIVE IN AUSTIN?

Yes, Delta-8 contains THC levels that will trigger a positive result on tests checking for presence of the substance such as a Urinalysis (UA). Importantly, a positive UA can trigger a warrant for Texans with pending criminal charges, or a revocation for those on probation. Learn more.

  • How long does Delta 8 stay in your system in Austin? Delta-8 THC can remain in a person’s system for 15-30 days in some cases. However, this length and duration is highly dependent on several factors, including a person’s history of use and metabolism.
  • Is Delta 8 still legal in Austin Texas? Delta-8 THC is legal in Austin and Texas as of 2023 though its legality remains subject to litigation. Texans seeking to consume Delta-8 THC should consult an experienced Austin drug lawyer. Learn more.

IS HELLO MOOD LEGAL IN AUSTIN?

Hello Mood products containing a THC concentration lower than 0.30 percent are legal in Austin. Learn more.

  • What happens if you get caught with CBD in Austin Texas? Police may still conduct an arrest for possession of legal CBD products. This is because common THC testing kits will read the low level THC in these products and return a positive result. More stringent testing is required to determine whether the product has a THC concentration greater than the legal threshold of 0.30 percent.

IS MARIJUANA LEGAL IN AUSTIN TEXAS IN 2023?

Marijuana is illegal in Austin as of 2023. Though the city has decriminalized petty possession cases involving small quantities, marijuana remains an illegal controlled substance. Possession of Marijauna can even be prosecuted at the felony level to devastating consequences. Learn more.

 

  • Is it legal to smoke marijuana in Austin Texas now? It is not currently legal to smoke marijuana in Austin. Austin Police officers will only confiscate small marijuana quantities pursuant to local decriminalization policies. However, more serious marijuana cases still remain subject to criminal prosecution. Learn more.

WHAT CLASS IS MARIJUANA IN AUSTIN TEXAS?

Possession of Marijuana is punishable at every offense level from class B misdemeanor to first degree felony depending on the weight of the marijuana involved. Learn more.

  • What states have legal marijuana? The most popular states with legal recreational marijuana include California, Colorado, and Nevada. These states already had a popular tourism industry that has been bolstered by marijuana legalization.
  • What is low level marijuana in Austin? “Low-level marijuana” can refer to marijuana cases involving small amounts that are not subject to prosecution in Austin. The term can also refer to low-THC marijuana that is made specifically for medicinal purposes pursuant to the state’s Compassionate Use Program. Learn more.

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

Trey Porter Law provides powerful representation for people facing criminal charges across Texas. Results matter most when your freedom and future are on the line. Trey Porter Law brings over 40 years of combined experience, strategic knowledge, and a hard-earned reputationof winning to every case the firm takes on. The top-rated lawyers at TPL have a steadfast commitment to uncompromising results. 

Did like a post? Share it with:
Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, it’s time to start building your defense.

Related Posts

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts

Categories

Explore Our Legal Categories

constitutional rights

CRIMINAL CHARGES

DRIVER'S LICENSES

DWI CHARGES

EXPUNGEMENT

FELONY CHARGES

MISDEMEANOR CHARGES

PROBATION

Testimonials

What our clients think about us

Unlock the Perks of Choosing Us!

 

Request
a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
Contact Trey Porter Today
Request a free consultation
Legal Insights Unveiled:
Your Path to Clarity

Results matter when life and livelihood are on the line. DWI arrests are warrantless arrests, and the State is legally bound to a burden of proving the charge beyond all reasonable doubt.

© 2024 Trey Porter | All Rights Reserved