Federal law classifies marijuana as a Schedule 1 drug, though many states have loosened the reins concerning marijuana use for medical purposes. However, whether states legalize marijuana for medical use or recreationally, if you’re in Texas, you should abide by the laws.
Smoking while driving laws in Texas mainly apply to marijuana. The only tobacco driving laws in Texas prevent drivers from smoking while there’s a minor in the vehicle. Read on to learn more about Texas driving smoking legislation and what you need to know about this illegal substance when living in Dallas, Fort Worth, Houston, and Austin.
Texas Law on Marijuana
Is marijuana legal in Texas? Marijuana is illegal and is considered a controlled substance even though hemp was legalized in 2019. The Texas Department of State Health Services has banned the processing and manufacturing of smokable hemp within the state.
If you possess marijuana for recreational marijuana use, there will be criminal penalties, even if the amount is less than one gram, which could result in state jail felony charges. However, medical cannabis is legal in Texas in very limited circumstances. Patients with epilepsy, autism, cancer, multiple sclerosis, incurable neurodegenerative diseases, and post-traumatic stress disorder are currently the only ones permitted by state law to use this drug.
Additionally, Delta-8, a psychoactive substance, is still illegal in Texas. Whether it will remain illegal or not remains to be seen.
As such, marijuana possession in Texas is treated like any other type of drug possession. Whether a person has a medical diagnosis that permits them to use it under the medical marijuana laws or not doesn’t matter when it comes to driving. Because the psychoactive component of the THC concentration can hinder a person’s driving abilities, and no one is allowed to smoke marijuana and drive in this state.
Impairment of Mental or Physical Faculties and Driving
Marijuana use may help with certain medical conditions, though it can impair judgment, motor coordination, and reaction time, which are necessary for safe driving. There are mixed results on studies that attempt to link using marijuana to fatal crashes. Since it’s known to impede faculties, it’s a matter of public safety, which is why using this illegal drug even with medical approval isn’t permitted.
According to Texas Penal Code § 49.01, a person is considered intoxicated when any kind of substance impairs their normal faculties, and this would also include marijuana. If a police officer conducts a traffic stop under reasonable suspicion and finds drug paraphernalia or you fail a field sobriety test, a blood test, or drug tests, you will face consequences from the state.
DWI Charges and Penalties for Driving with Recreational Marijuana
In Texas, driving under the influence of marijuana can result in a DWI charge, whether it’s for recreational use or medical use. The penalties for a marijuana DWI are the same as those who fail a urine or blood test for an alcohol DWI.
A marijuana DWI can be charged as a Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, or third-degree felony. Even if it’s your first offense, you may face fines, jail time, and other punishments including driver’s license suspension.
If you have a valid medical reason for using it, you can avoid criminal charges with normal use at home and only for your personal use. You should never be smoking it while in your vehicle or sharing it with others.
Defenses and Challenges
If you have been accused by law enforcement of driving while intoxicated with marijuana, there are ways to fight these allegations. You’ll want to hire an attorney to defend you from criminal charges.
They may bring in a Drug Recognition Expert (DRE) who will conduct an eye exam and other tests to determine whether you’re intoxicated. A urine sample may be taken, though it will only detect this substance in a person’s system, and can’t detail whether or not you’re currently under its influence.
Additionally, when they conduct field sobriety tests, they aren’t always accurate. They’re subjective, and when someone has a health condition or a physical impairment, it can be difficult to participate in these tests with precision.
Out-of-State Medical Marijuana
Medical usage of cannabis under the state Compassionate Use Program (CUP) requires a person to be a permanent Texas resident and have a qualifying medical diagnosis. In Texas, the requirements for legal medical use are set at a THC level under 50%. It’s also administered by swallowing, not smoking.
Those who have come from other states that permit smokeable options of this substance should understand the laws and regulations on the federal level as well as drug recognition in Texas. This will help you avoid issues with law enforcement over possession that could result in time spent in jail.
Marijuana Products and DWI
Since marijuana products come in a variety of forms, including edibles and concentrates, they’re considered a danger for impairing driving abilities. Like alcohol consumption, these products can affect each person differently in the varying amounts consumed.
Weight, height, and tolerance level are factors here, though the bottom line is that using it and driving can have very real consequences. Even if you’re granted medical clearance for usage, you shouldn’t drive while under the influence.
Fighting a Marijuana DWI Charge
The best way to avoid fines, jail time, and driver’s license suspension is to refrain from using marijuana while in a motor vehicle. If you do get arrested and a positive result is found for marijuana, you should speak with an experienced marijuana DWI lawyer who will examine the facts of your case.
It may be more difficult for someone who causes an accident while in possession of marijuana or under its influence. This could additionally leave you vulnerable to a civil lawsuit for causing injuries or fatalities in a crash.
Understanding the Risks
Driving while high is punishable as DWI just like driving while under the influence of alcohol. It’s a criminal offense that can have disastrous consequences. Since it impairs coordination, judgment, and reaction time, it’s in direct violation of Texas’s DWI law.
You may have legal clearance to use it medically, though you must use it responsibly. Even if you don’t use it, you should be concerned about the number of drivers in Texas who get behind the wheel after using marijuana.
Contact Angel Reyes & Associates Today
In Texas, driving under the influence of marijuana is considered a DWI offense just like driving under the influence of alcohol. It doesn’t matter that some places allow using recreational marijuana legally. The laws in Texas are very clear, and the severe penalties reflect the state’s stance.
Angel Reyes & Associates is a personal injury law firm devoted to 5-star legal representation for victims in personal injury cases. If you were in an accident caused by someone who was under the influence of alcohol or marijuana, schedule a free consultation to learn more about your legal options.
