Marijuana remains illegal in New Braunfels, despite growing national acceptance for recreational use. This article provides a comprehensive summary of the latest, most current Texas Marijuana possession laws, including medical use and policies regarding synthetic weed substitutes. We will delve into the legal definition of Marijuana, the penalties associated with possession, and potential legal defenses to a Marijuana charge. Additionally, we offer guidance on what to do if you’re arrested for Marijuana possession and emphasizes the importance of consulting with a legal professional. If you’ve been charged with Possession of Marijuana, your future is at stake – contact the experienced Texas Criminal Defense lawyers at Trey Porter Law today.
CAN YOU SMOKE RECREATIONAL MARIJUANA IN NEW BRAUNFELS TEXAS?
No, under the Texas Health and Safety Code Section 481.121 smoking recreational Marijuana in New Braunfels is illegal. Possession of Marijuana is a criminal offense with serious consequences, including hefty fines, a permanent criminal record, and jail time.
New Braunfels Police are specially trained to detect Marijuana and have strict policies against it given the area’s reputation as a popular tourist destination.
- Is weed legal in New Braunfels? No, New Braunfels strictly enforces Texas Marijuana laws despite decriminalization efforts in neighboring areas of San Marcos, Austin, Bastrop and Lockhart, according to KUT News. Even small amounts of weed in New Braunfels can land you in jail with a permanent record!
LEGAL CONSEQUENCES OF MARIJUANA POSSESSION IN NEW BRAUNFELS
Marijuana possession cases in New Braunfels come with serious consequences as they potentially range from misdemeanor to felony level charges. Possible penalties include jail, thousands of dollars in fines, and a permanent record, which can harm job opportunities, housing, college and financial aid applications. In accordance with state law, final penalties will vary depending on the amount of Marijauna involved, as bigger amongst carry.tougher penalties.
- Do they have cite & release for Marijuana in New Braunfels? Yes, but it is completely optional and up to the officer. Cite and release is an alternate to arrest for misdemeanor weed charges in New Braunfels. Officers have this option in limited situations under Section 14.06 of the Texas Code of Criminal Procedure.
PENALTIES FOR MARIJUANA POSSESSION IN NEW BRAUNFELS?
Under the Texas Health and Safety Code Chapter 481, Possession of Marijuana is a criminal offense with penalties which range according to the amount of Marijuana involved:
- Possession 0 to 2 oz: Class B misdemeanor punishable by a maximum 6 month jail sentence and a maximum $2,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 2 to 4 oz: Class A misdemeanor punishable by a maximum 1 year jail sentence and a maximum $4,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 4 oz to 5 lbs: State Jail felony punishable by a 6 month to 2 year jail sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 5 lbs to 50 lbs: third degree felony punishable by a 2 to 10 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 50 lbs to 2,000 lbs: second degree felony punishable by a 2 to 20 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession over 2000 lbs: first degree felony punishable by a term of imprisonment of 5 to 99 years or life and a maximum $50,000 fine. A conviction is permanent and will result in a driver’s license suspension.
| Offense | Penalty | Incarceration | Maximum Fine |
| Possession of Marijuana | |||
| 2 oz or less | Misdemeanor | 6 months | $2,000 |
| 2 – 4 oz | Misdemeanor | 1 year | $4,000 |
| 4 oz to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 10 years | $10,000 |
| 50 – 2000 lbs | Felony | 2 – 20 years | $10,000 |
| 2000 lbs + | Felony | 5 – 99 years | $50,000 |
| Sale of Marijuana | |||
| 7 g or less | Misdemeanor | 1 year | $4,000 |
| 7 g to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 20 years | $10,000 |
| 50 – 2000 lbs | Felony | 5 – 99 years | $10,000 |
| 2000 lbs + | Felony | 10 – 99 years | $100,000 |
| To a minor | Felony | 2 – 20 years | $10,000 |
LEGAL DEFENSES TO POSSESSION OF MARIJUANA IN IN NEW BRAUNFELS TEXAS?
There are several ways to win your case in New Braunfels. The Texas laws for search and seizure abide by the U.S. Constitution, and if the police cut corners or broke the law, the charges can be dismissed. Additionally there are two additional legal defenses outlined in Texas Health and Safety Code 481.121, the Texas Marijuana Possession Law:
- An individual can raise the “Good Samaritan” defense during a potential overdose if the individual is the first person to request emergency assistance and remains at the scene to cooperate with law enforcement and medical personnel.
- A second legal defense can be raised when the Defendant was the potential overdose victim and emergency assistance was requested by the Defendant or another individual during a medical emergency.
CAN YOU GET MARIJUANA CHARGES DROPPED IN NEW BRAUNFELS TEXAS?
Yes, it is possible to get drug possession charges dropped in New Braunfels. The experienced Criminal Defense Lawyers at Trey Porter Law have a successful track record of getting charges dismissed and reduced across Texas. If you’ve been arrested for drug possession in New Braunfels, contact us today for a free consultation.
WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN NEW BRAUNFELS TEXAS?
Being caught with Marijuana in New Braunfels can lead to arrest and criminal prosecution for possession. These cases range from misdemeanors to felonies, and can result in thousands of dollars in fines, imprisonment, and a permanent criminal conviction.
Texans should politely decline all search requests and remain silent during any Marijuana possession investigation. This can protect powerful legal defenses like evidence suppression, which could lead to the dismissal of a Texas Marijuana charge
- What is the new law on Marijuana in Texas? Recent state and federal laws legalized certain substances containing less than a 0.30 percent THC (tetrahydrocannabinol) concentration, according to the Austin American-Statesman. THC is the psychoactive component in Marijuana.
- Are dispensaries legal in New Braunfels Texas? Recreational dispensaries are illegal throughout Texas. However, medical Marijuana dispensaries are legal as long as they comply with the Texas Department of Public Safety’s Compassionate Use Program regulations.
TEXAS MARIJUANA FREQUENTLY ASKED QUESTIONS (FAQ)
WHAT COUNTIES IN TEXAS DECRIMINALIZED MARIJUANA?
Comal County, where New Braunfels is located, does not have decriminalization for Marijuana possession. Possession of any usable amount is illegal
- Is Texas a no tolerance state for Marijuana? Yes, Texas, overall, is not a Marijuana-tolerant state. Marijuana use, even in small quantities, can have lasting negative consequences, including job loss and professional hardship.New Braunfels law enforcement and the Comal County District Attorney’s Office will still aggressively prosecute major serious offenses, such as distribution to a minor.
Medical Marijuana in Texas:
Texans with qualifying medical conditions may freely access Medical Marijuana. These conditions include epilepsy, cancer, and multiple sclerosis, according to the Texas Department of Public Safety.
Texans seeking access to Medical Marijuna should visit a physician to obtain the required prescription.
DOES DELTA 8 SHOW UP ON DRUG TESTS IN NEW BRAUNFELS TEXAS?
Yes, Delta-8 can trigger a positive result on drug tests that screen for THC presence, like a urine test (UA)! If you are on probation or bond in New Braunfels, be aware that a positive drug test can lead to a bond revocation or probation violation.
- Is CBD legal? Texas law permits the use of CBD. Cannabidiol (CBD), as defined by the U.S. Centers for Disease Control and Prevention (CDC), is a cannabis compound derived from hemp or non-hemp plants with a THC content not exceeding 0.30 percent.
- Is weed legal in Texas? No, Marijuana is classified as an illegal controlled substance under Texas Health and Safety Code Section 481.121.
ARE GUMMIES LEGAL IN NEW BRAUNFELS TEXAS?
Gummies with a THC concentration exceeding 0.30 % are illegal in New Braunfels and throughout Texas.
Possession of these THC gummies is a felony with devastating penalties, including prison time and a permanent criminal conviciton.
- How many edibles is a felony in New Braunfels Texas? Possession of any amount of THC edibles is considered a felony in New Braunfels according to the Texas Health and Safety Code section 481.116. Even a single edible can result in State Jail felony charges, with a sentence of 6 months to 2 years in confinement and a maximum fine of $10,000.
- What happens if you get caught with a dab pen in New Braunfels Texas? Being caught with a dab pen in New Braunfels will likely lead to arrest and felony prosecution. While local law enforcement may sometimes overlook small amounts of Marijuana flower, they tend to be stricter with concentrated THC oils like those found in dab pens.
CAN YOU GET A MEDICAL MARIJUANA CARD IN NEW BRAUNFELS TEXAS?
Texans with qualifying medical conditions can obtain medical Marijuana but the state does not issue traditional “medical Marijuana cards.” Instead, registered physicians enter prescriptions into the Compassionate Use Program Registry of Texas (CURT), allowing Texans to fill their prescriptions at licensed dispensaries.
- Can I travel with medical Marijuana in New Braunfels Texas Yes, individuals can legally travel with prescribed medical Marijuana within Texas, including New Braunfels.
- How much does medical Marijuana access cost in New Braunfels Texas? The cost of accessing medical Marijuana in New Braunfels primarily comes from the physician consultation needed to obtain a qualifying prescription, which can range from $200 to $500.
DOES TEXAS RECOGNIZE OUT-OF-STATE MEDICAL MARIJUANA CARDS IN NEW BRAUNFELS?
No, According to DPS regulations, Texas only recognizes medical Marijuana cards issued within the state under its Compassionate Use Program. Out-of-state medical Marijuana cards are not valid in Texas, and possession of Marijuana, even with an out-of-state card, can lead to legal consequences.
- What happens if you fail a drug test but have a medical Marijuana card in Texas? Eligible Texans can typically use medical Marijuana while on probation or bond. However, it’s important to be prepared to provide appropriate medical documentation to avoid potential legal issues if a drug test is required.
CAN YOU SMOKE CBD IN PUBLIC IN NEW BRAUNFELS TEXAS?
While it’s legal to possess and consume CBD products in New Braunfels, it’s generally not advisable to smoke CBD in public places. This could draw unwanted attention from law enforcement and potentially lead to questioning or even arrest.
- Will CBD gummies cause a positive drug test in New Braunfels? CBD gummies, especially those containing trace amounts of THC, can potentially trigger a positive result on drug tests, particularly those that screen for THC metabolites. This could have serious consequences, especially for individuals on probation or bond.
- Can anyone buy CBD gummies in New Braunfels Texas? There’s no specific age restriction for purchasing CBD gummies in New Braunfels. However, many retailers require buyers to be at least 18 years old.
CAN I FLY TO NEW BRAUNFELS TEXAS WITH A DAB PEN?
No, it’s illegal to bring a dab pen containing THC to New Braunfels, regardless of whether you’re flying or traveling by other means. Possession of THC-containing products is a felony offense with severe penalties under Texas Health and Safety Code section 481.116.
- Are Marijuana edibles a felony in New Braunfels Texas? Yes, pursuant to Texas Health and Safety Code section 481.116 possession of THC edibles is a felony offense in New Braunfels. Texas law distinguishes between Marijuana flower and concentrated THC products, with stricter penalties for the latter.
- Is kief illegal in New Braunfels? Yes, kief, a concentrated form of Marijuana, is illegal in New Braunfels. Possession of kief can lead to criminal charges.
- How many grams of Marijuana is illegal in Texas? Texas law prohibits possession of any “usable quantity” of Marijuana, regardless of the specific weight. This means even small amounts can result in criminal charges.
CAN YOU SMOKE MARIJUANA IN YOUR HOME IN NEW BRAUNFELS TEXAS?
No, it’s illegal to use Marijuana anywhere in Texas, including in private residences. While law enforcement typically needs a warrant to enter a home, there are exceptions to this rule.
- Where is Texas on legalizing Marijuana? While there’s a growing movement to legalize Marijuana in Texas, there hasn’t been significant legislative progress on this issue, according to Forbes Magazine.
IS IT ILLEGAL TO BE UNDER THE INFLUENCE OF MARIJUANA IN NEW BRAUNFELS, TEXAS?
Yes, it’s illegal to operate a motor vehicle (DUI & DWI) or appear in public while intoxicated (Public Intoxication) due to consumption of Marijuana in Texas.
MARIJUANA LAWS IN NEW BRAUNFELS TEXAS
In essence, Texas Marijuana laws are nuanced and everchanging. Comprehending Texas Marijuana laws is paramount for anyone who may be affected by them in New Braunfels. By being aware of potential penalties, defenses, and legal procedures, individuals can make informed decisions and protect their rights.
Texas Marijuana possession charge? Get advice, beat your case.
If you’re facing a Texas Marijuana possession charge, it’s crucial to take immediate action as important legal strategies must be preserved. The award-winning, experienced Texas Criminal Defense Lawyers at Trey Porter Law have won cases and cleared criminal records across the state. New Braunfels weed charges? We are here to provide tailored legal counsel and guidance.
