Cannabis Attorney & Marijuana Lawyer | The Swartz Law Firm

Cannabis Attorney

Most Texans are ready to legalize marijuana, according to the latest University of Texas/Texas Tribune Poll (84%).  Once political hurdles are overcome, Texas has an incredible business opportunity for people involved in the Cannabis Industry.

Until then, you’re going to need good advice (and an even better defense).

States that have legalized medical and recreational marijuana, such as Colorado, have seen huge revenue. The Cannabis Industry is projected to be a multi-billion dollar business category in the United States and abroad as more states take steps to legalize its uses across a variety of industries.  While Texas entrepreneurs are currently limited in the type of cannabis businesses they can legally start, that massive potential for a marijuana start-up business in Texas is just on the horizon.

Texas Cannabis Law

In Texas, the possession of cannabis/marijuana or its derivatives are still illegal, but the limited use of cannabis oil for specific conditions are now permitted. Grassroots movements have heavily advocated for both medicinal use and removal or reduction in criminal/civil penalties.

Most recently in 2019, Texas’ Compassionate Use Program (CUP), first established in 2015 with major restrictions, was amended by House Bill 3703, expanding the list of qualifying conditions that physicians can use to prescribe medical cannabis. 

Individuals suffering from intractable epilepsy were initially the only patients allowed to be enrolled in CUP. With passage of HB 3703, patients suffering from seizure disorders, multiple sclerosis, terminal cancer and several more qualify for medical cannabis treatment.

The bill expands the medicinal use of cannabis products like CBD oil that are low in THC, the psychoactive element in marijuana. CBD oil, derived from hemp, is non-intoxicating.

Currently, Texas allows the production and sale of CBD products with low levels of THC. Medicinal CBD products contain 0.5 percent THC while over-the-counter CBD products are capped at 0.3 percent. 

Check Back With Us ~ This section will be updated as new bills are filed and laws are enacted.


Texas Political Party Platforms

Texas’ two major political parties recently held their respective state party conventions, where they approved the latest versions of their platforms. These documents, updated every two years, set out what each party’s base views as its core principles. While it is true that over dozens of issues, the two parties set very different agendas for the future of Texas, on this issue, the parties have become more united.

Here’s a look at where the two state parties, and the state’s voters overall, stand on some high-profile issues:

TX Licensing / Startup Requirements

If you are interested in starting up a marijuana business, you have some important things to consider! You will need to familiarize yourself with Texas’s statutes governing the legal cultivation, manufacturing, distribution, and use of medical or recreational cannabis products or derivatives. Most states that have legalized or decriminalized (fully or partially) have a regulatory structure and authority for regulating cannabis, including licensing and other rules/regulations. Don’t forget to check your municipality, too!


Cannabis Advocacy Resources

Whether its is business advocacy, educational organizations, party platforms, or the Texas Medical Cannabis Program, you can find information here.

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