There are more and more states that are allowing the medical use of marijuana, so we see more and more people with valid prescriptions for marijuana. So far, Texas is not one of the States that allow prescriptions for medical marijuana except for extreme situations.

If you have a legitimate need for medical marijuana it shouldn't make any difference where you are. If you need marijuana to help with migraines, chemotherapy or other issues, you don't magically get better once you cross the Texas state border. Unfortunately, that puts you in a difficult situation; either do without, or risk prosecution in Texas.

That fact that you have a valid prescription for medical marijuana doesn't prevent you from being arrested and prosecuted in Texas.  It is not a recognized exception in Texas. Possession of marijuana is against the law, even if you have a valid prescription. That prescription is only valid in the state where it was issued.

So, if you have a prescription for marijuana, don't bring it to Texas, because if you're stopped and arrested you're gonna be subject to the same punishment and penalties as anyone else who is caught with marijuana.

If you're in this situation you need legal help. The fact is that different prosecutors have different attitudes about this. Some recognize that there is a legitimate use for marijuana and may dismiss the charge or agree to a reduced charge. Others simply view it as an excuse to use marijuana and will treat you no differently than a Texas resident found with marijuana. Still others fall in the middle and are willing to listen to the specifics of your situation.

This is a situation where an experienced criminal defense lawyer can help. If you need assistance, or have questions about this please reach out and contact us.

Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.