Is Weed Legal in Texas?
Weed is not legal in Texas. Recreational marijuana continues to be illegal under federal and Texas laws. You can be charged with one or more criminal offenses in Texas if you possess, sell, cultivate, or use marijuana. At this time, it is unlikely that recreational weed will become legal in Texas.
Is Hemp Legal in Texas?
Texas legalized the manufacture, production, and retail sale of industrial hemp crops and products. It is also legal to produce and consume hemp products that contain CBD (cannabidiol). Texas legally defines hemp as any part of the cannabis plant, including extracts and derivatives that contain no more than .03 percent of THC (delta-9 tetrahydrocannabinol).
THC is responsible for the psychoactive effects of the cannabis plant. In other words, THC is responsible for the “high” people experience when they use recreational marijuana. Any cannabis with more than .03 percent THC is classified as marijuana in Texas, making it illegal.
Does Texas Allow People to Use Medical Marijuana?
The Compassionate Use Program allows individuals to use low-level THC cannabis for medical use. However, the approved medical uses for marijuana are narrowly defined. By law, medical marijuana is limited to patients diagnosed with:
- Multiple sclerosis
- Terminal cancer
- Epilepsy
- Autism
- Seizure disorders
- An incurable neurodegenerative disease
- Spasticity
- Amyotrophic lateral sclerosis
To obtain a medical marijuana prescription, the patient must be a permanent resident of Texas and have one of the medical conditions listed above. The physician must be registered with the Compassionate Use Program and decide that the benefit of using medical marijuana outweighs the risks.
Texas Marijuana Offenses and Penalties
The Texas Health and Safety Code defines several marijuana offenses. Common marijuana crimes include:
- Driving under the influence of marijuana (drugged driving)
- Possession of marijuana
- Delivery of marijuana
- Cultivation of marijuana
- Drug-Free School Zones
- Marijuana paraphernalia
The penalties for marijuana convictions depend on the crime and the amount of marijuana involved. The person’s criminal history and other factors may also affect the punishment. Penalties for marijuana crimes include fines, jail time, probation, suspended driver’s license, and other penalties. In addition to criminal penalties, those convicted could also face significant civil penalties.
Proving Fault in Texas Personal Injury Cases: Negligence and Negligence Per Se
Texas is a fault-based state for most personal injury cases, including car crashes. Therefore, the injured party must prove the other driver caused the accident. For example, a driver high on marijuana fails to see a pedestrian in a crosswalk. They hit the person, causing a pedestrian accident. The pedestrian could be entitled to damages for their injuries and losses.
The elements of negligence (the most common basis for personal injury suits) that the victim must prove are:
- Duty: The driver must owe the victim a duty of care. All drivers have a duty to use reasonable care when operating a vehicle and to follow all traffic laws.
- Breach of Duty: The driver failed to meet their duty of care. In our example, the driver broke the law by driving under the influence. They also should have known driving while high could result in a car crash that injures someone.
- Causation: The driver’s breach of duty was the proximate and direct cause of the accident. In other words, the pedestrian accident would not have occurred had the driver not failed to yield the right of way.
- Damages: The victim sustained injuries and incurred damages because the driver failed to meet their duty of care.
However, marijuana cases are special when it comes to negligence. The theory of negligence per se considers a defendant to have breached their duty of care and, therefore, negligent as a matter of law if the person violates a statute. The statute must be created to protect the public interest, and the victim is someone the statute was created to protect.
In our example, driving under the influence of marijuana is illegal. Violating the statute is negligence per se. Therefore, the only elements the victim must prove is that the driver’s breach of duty caused the accident and the victim incurred damages.
Negligence per se is a rebuttable presumption of negligence. The defendant can present a defense arguing that they were not negligent in causing the accident.
What Damages Are Available for a Marijuana DUI Accident Case?
Victims in personal injury cases can seek compensation for their economic and non-economic damages. Examples of damages in a marijuana DUI accident case include:
- Pain and suffering damages
- Medical bills and expenses
- Emotional distress and mental anguish
- Physical therapy and rehabilitation
- Lost wages and benefits
- Scarring and disfigurement
- Diminished earning capacity
- Impairments and disabilities
- Out-of-pocket expenses
- Loss of quality of life and enjoyment of life
The severity of your injuries and other factors determine how much your case is worth. In addition to compensatory damages, you may be entitled to punitive damages. Punitive damages are awarded to punish a defendant for their conduct.
What Should I Do if I’m in a Car Accident With an Impaired Driver in Texas?
Confronting an impaired driver can be dangerous. If you suspect the other driver is intoxicated or under the influence of marijuana, do not accuse the driver. Instead, call 911 to report the accident. You can tell the operator that you are concerned the other driver may be under the influence. While you wait for the police to arrive, ask eyewitnesses for their names and contact information. They may be able to verify the signs of impairment you noticed. If possible, take photographs and make a video of the accident scene.
Tell the police officer what happened when they arrive. Stick to the facts and avoid making assumptions about fault. Seek immediate medical treatment for your injuries. Prompt medical treatment helps support your personal injury claim.
Finally, meet with a Texas personal injury lawyer as soon as possible to discuss your legal options. Even though the other driver may be arrested on marijuana charges and other offenses, a personal injury case is not a guarantee of payment. An experienced DUI accident attorney can help you gather evidence and build a case against the driver for damages.
If you need help, contact Parker Law Firm Injury Lawyers for a free consultation with a Texas personal injury attorney.
Contact the Personal Injury Law Firm of Parker Law Firm Injury Lawyers in [LOCATION] for Help Today
For more information, please contact an experienced personal injury lawyer at Parker Law Firm Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Bedford and Fort Worth, Texas.
Parker Law Firm Injury Lawyers – Bedford
2317 Plaza Pkwy #100,
Bedford, TX 76021
(817) 503-9200
Parker Law Firm Injury Lawyers – Fort Worth
209 N Hampton St,
Fort Worth, TX 76102
(817) 839-3143
