Will Federal Reclassification of Marijuana Affect Texas Drug Prosecutions?

Under both Texas and federal law, controlled substances are divided into five categories, known as “schedules.” Within this system, drugs are classified according to the health threat they pose and their intended medical use, if any. Highly dangerous controlled substances such as heroin, cocaine, oxycodone, LSD and methamphetamine are listed within Schedules I and II. Charges involving these drugs typically carry the toughest sentences. Marijuana is also included within Schedule I, but a change is anticipated that could have a significant effect on drug crime prosecutions. 

The U.S. Department of Health and Human Services (HHS) recently recommended reclassifying cannabis as a Schedule III controlled substance, a potential shift that could ease some federal restrictions but would still leave Texas’s strict marijuana laws in place. The change would recognize marijuana’s medical applications and bring it under the same classification as drugs like Tylenol with codeine. 

With cannabis potentially no longer listed among the most dangerous drugs, federal resources for prosecuting marijuana cases may decrease, which could lower the priority of cannabis-related actions in Texas. Federal prosecutors may be less likely to pursue low-level marijuana cases, especially as other states continue to legalize the substance.

In Texas, cannabis remains illegal for recreational use, and only limited medical use is allowed under strict conditions. Texas categorizes marijuana as a Schedule I controlled substance and enforces significant penalties for possession, distribution, and cultivation. If the federal government reclassifies cannabis, this change will not directly affect Texas law, and the state would still have full authority to prosecute marijuana offenses. Thus, Texans could still face prosecution for cannabis-related activities under the existing laws, regardless of federal reclassification.

However, federal reclassification could increase pressure on Texas lawmakers to reconsider the state’s stance on cannabis. With growing public support nationwide and grouping with other Schedule III substances that have medical benefits, Texas may see increased advocacy for reforming its cannabis laws. This shift might eventually lead to more lenient policies and reduced penalties at the state level. Currently, even possession of less than two ounces of marijuana can result in a 180-day jail sentence. If you have been accused of a marijuana-related offense or another type of drug crime, it is critical to hire an experienced criminal defense attorney who can safeguard your fundamental rights. 

Tylden Shaeffer, Attorney at Law, P.C. represents Texas clients charged with state and federal drug crimes. Please call (210) 227-1500 or contact me online to schedule a consultation. My office is in San Antonio.  

By Tylden Shaeffer | Published November 7, 2024 | Posted in Drug | Tagged Controlled substance, drug, Marijuana