Texas Law: Marijuana 1
Following up my previous post regarding pot laws, here are the results of a Texas Statute search for "marijuana." The first thing I noticed was that the Texas Legislature and Consitiution spell "marijuana" as "marihuana." The second thing I noticed is that they really need to work on their seach system to cut down on these irrelevant seach matches. The third thing I noted was that there are a lot of fucking laws and regulations in Texas. I'll stick to discussing weed for now. I'll post exactly how these laws impact in a future post. Also, many of these laws reference the Controlled Substances Act, passed in the federal Congress in 1970.
As of 3/3/2003*, I got 68 matching documents, listed in order of relevance and linked to the document in question:
1. Health & Safety - CHAPTER 481, TEXAS CONTROLLED SUBSTANCES ACT
2. Health & Safety - CHAPTER 431, TEXAS FOOD, DRUG, AND COSMETIC ACT
3. Agriculture - CHAPTER 61, INSPECTION, LABELING, AND SALE OF AGRICULTURAL AND VEGETABLE SEED (false positive, no actual matches)
4. Tax - CHAPTER 159, CONTROLLED SUBSTANCES TAX
5. Tax - CHAPTER 151, LIMITED SALES, EXCISE, AND USE TAX (false positive, no actual matches)
6. Health & Safety - CHAPTER 469, DRUG COURT PROGRAMS
7. Insurance - CHAPTER 3, LIFE, HEALTH AND ACCIDENT INSURANCE
8. Human Resources - CHAPTER 31, GENERAL LAND OFFICE (false positive, no actual matches)
9. Government - CHAPTER 76, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS
10. Education - CHAPTER 37, DISCIPLINE; LAW AND ORDER
11. Code of Criminal Procedure - CHAPTER 18, SEARCH WARRANTS
12. Code of Criminal Procedure - CHAPTER 15, ARREST UNDER WARRANT
13. Code of Criminal Procedure - CHAPTER 13, VENUE
14. Agriculture - CHAPTER 78, NOXIOUS WEED CONTROL DISTRICTS (false positive, no actual matches)
15. Water - CHAPTER 26, WATER QUALITY CONTROL (false positive, no actual matches)
16. Vernon's Texas Civil Statutes - TITLE 112, RAILROADS (false positive, no actual matches)
17. Vernon's Texas Civil Statutes - TITLE 4, AGRICULTURE AND HORTICULTURE (false positive, no actual matches)
18. Occupations - CHAPTER 1951, STRUCTURAL PEST CONTROL
19. Agriculture - CHAPTER 167, TICK ERADICATION (false positive, no actual matches)
20. Agriculture - CHAPTER 76, PESTICIDE AND HERBICIDE REGULATION (false positive, no actual matches)
21. Agriculture - CHAPTER 71, GENERAL CONTROL (false positive, no actual matches)
22. Health & Safety - CHAPTER 792, SMOKE DETECTORS IN HOTELS (false positive, no actual matches)
23. Water - CHAPTER 41, RIO GRANDE COMPACT (false positive, no actual matches)
24. Penal - CHAPTER 48, CONDUCT AFFECTING PUBLIC HEALTH (false positive, no actual matches)
25. Property - CHAPTER 92, RESIDENTIAL TENANCIES (false positive, no actual matches)
26. Natural Resources - CHAPTER 12, RED RIVER BOUNDARY COMPACT (false positive, no actual matches)
27. Water - CHAPTER 47, CADDO LAKE COMPACT (false positive, no actual matches)
28. Water - CHAPTER 46, RED RIVER COMPACT (false positive, no actual matches)
29. Water - CHAPTER 43, CANADIAN RIVER COMPACT (false positive, no actual matches)
30. Water - CHAPTER 42, PECOS RIVER COMPACT (false positive, no actual matches)
31. Water - CHAPTER 11, WATER RIGHTS (false positive, no actual matches)
32. Water - CHAPTER 7, ENFORCEMENT (false positive, no actual matches)
33. Transportation - CHAPTER 647, MOTOR TRANSPORTATION OF MIGRANT AGRICULTURAL WORKERS (false positive, no actual matches)
34. Transportation - CHAPTER 547, VEHICLE EQUIPMENT (false positive, no actual matches)
35. Transportation - CHAPTER 472, MISCELLANEOUS PROVISIONS (false positive, no actual matches)
36. Tax - CHAPTER 155, CIGARS AND TOBACCO PRODUCTS TAX (false positive, no actual matches)
37. Tax - CHAPTER 154, CIGARETTE TAX (false positive, no actual matches)
38. Tax - CHAPTER 1, GENERAL PROVISIONS (false positive, no actual matches)
39. Property - CHAPTER 94, MANUFACTURED HOME TENANCIES
40. Parks & Wildlife - CHAPTER 88, ENDANGERED PLANTS (false positive, no actual matches)
41. Parks & Wildlife - CHAPTER 71, LICENSES AND REGULATIONS
42. Occupations - CHAPTER 1702, PRIVATE SECURITY
43. Natural Resources - CHAPTER 134, TEXAS SURFACE COAL MINING AND RECLAMATION ACT (false positive, no actual matches)
44. Natural Resources - CHAPTER 87, REGULATION OF SOUR NATURAL GAS (false positive, no actual matches)
45. Natural Resources - CHAPTER 61, USE AND MAINTENANCE OF PUBLIC BEACHES (false positive, no actual matches)
46. Local Government - CHAPTER 352, COUNTY FIRE PROTECTION (false positive, no actual matches)
47. Insurance - CHAPTER 911, FARM MUTUAL INSURANCE COMPANIES (false positive, no actual matches)
48. Insurance - CHAPTER 16, FARM MUTUAL INSURANCE COMPANIES (false positive, no actual matches)
49. Insurance - CHAPTER 5, RATING AND POLICY FORMS
50. Health & Safety - CHAPTER 825, PREDATORY ANIMALS AND ANIMAL PESTS (false positive, no actual matches)
51. Health & Safety - CHAPTER 775, EMERGENCY SERVICES DISTRICTS (false positive, no actual matches)
52. Health & Safety - CHAPTER 438, PUBLIC HEALTH MEASURES RELATING TO FOOD
53. Health & Safety - CHAPTER 432, FOOD, DRUG, DEVICE, AND COSMETIC SALVAGE ACT
54. Health & Safety - CHAPTER 382, CLEAN AIR ACT (false positive, no actual matches)
55. Health & Safety - CHAPTER 363, MUNICIPAL SOLID WASTE (false positive, no actual matches)
56. Health & Safety - CHAPTER 361, SOLID WASTE DISPOSAL ACT
57. Government - CHAPTER 511, COMMISSION ON JAIL STANDARDS (false positive, no actual matches)
58. Education - CHAPTER 88, AGENCIES AND SERVICES OF THE TEXAS A&M UNIVERSITY SYSTEM (false positive, no actual matches)
59. Education - CHAPTER 51, PROVISIONS GENERALLY APPLICABLE TO HIGHER EDUCATION (false positive, no actual matches)
60. Agriculture - CHAPTER 201, SOIL AND WATER CONSERVATION (false positive, no actual matches)
61. Agriculture - CHAPTER 161, GENERAL DISEASE AND PEST CONTROL (false positive, no actual matches)
62. Agriculture - CHAPTER 142, ESTRAYS (false positive, no actual matches)
63. Agriculture - CHAPTER 134, REGULATION OF AQUACULTURE (false positive, no actual matches)
64. Agriculture - CHAPTER 14, REGULATION OF PUBLIC GRAIN WAREHOUSE OPERATORS (false positive, no actual matches)
65. Agriculture - CHAPTER 12, POWERS AND DUTIES (false positive, no actual matches)
66. Health & Safety - CHAPTER 342, LOCAL REGULATION OF SANITATION (false positive, no actual matches)
67. Health & Safety - CHAPTER 343, ABATEMENT OF PUBLIC NUISANCES (false positive, no actual matches)
68. Transportation - CHAPTER 311, GENERAL PROVISIONS RELATING TO MUNICIPAL STREETS (false positive, no actual matches)
*The website indicates changes made by the 78th Legislature won't be updated to this site until 2004, so for now, we get to use this search page to look for any affected bills.
Comments
hi can you give information on my husbands rights for probation he came back with a high number on his urine for thc (marijuana) when we found out ibuprofen causes false positives for that which he has been on daily for months any comments please let us know ty kena
Posted by: kena | March 11, 2004 07:35 PM
kena, I'm not a lawyer and I don't have a very good understanding of Texas law. My suggestion is to closely read any court or legal documents your husband has been given. There may be local attorneys that might do simple consulting like this for small change or even pro bono.
Posted by: Drizz | March 12, 2004 07:59 AM
My son has been arrested for the misdeamor possession of under 2 ounces. What is the most harsh penalty that he faces?
Posted by: Mike | April 2, 2004 01:13 AM
Dammit, it seems like those links have rotten. I thought they'd be good for a while.
Mike, again, I'm not a lawyer and my advice is merely what I can repeat back to you after digging around the Net a bit.
A misdemeanor possession (not "delivery" right? That would change things) of under two ounces could fall under two types of misdemeanors: Class A or Class B. Class A would apply if the amount was "four ounces or less but more than two ounces"; Class B would apply if the amount was "two ounces or less."
Getting convicted of a Class A misdemeanor results in a fine not to exceed $4000, confinement in jail for a term not to exceed one year, or both. Class Bs result in a fine not to exceed $2000, confinement in jail for a term not to exceed 180 days, or both. And of course there are other legal things to be concerned with, such as prior convictions, warrants, tickets, etc.
Posted by: Drizz | April 2, 2004 08:34 AM
Another piece of information that someone may find useful is that I learned (the hard way) years ago that Amoxicillin (used to treat chronic bronchitis and a lot other things) tests positive for Cocaine. I had applied for a job at Harrah's casino here in Las Vegas, NV and when the HR rep asked me how I could explain the positive test result, which I hadn't expected, I was quite speechless and didn't know what to answer untiL I did some research and found out about false positives. There's a ton of other things that test positive for other things, such as poppy seed bagels causing false positive for opiates (so you can be labeled as a heroin addict for eating bagels) and there's a certain over the counter syrup (for coughs'n stuff) that tests positive for phenicyclidine (it's PCP, I don't know if I spelled it right). Anyway, Harrah's didn't care that I had paperwork showing that amoxicillin causes false positives but I didn't care enough to argue with them to keep the job. Good luck, anyone.
Posted by: Joseph | October 17, 2004 08:11 PM
I had a drug case in 1994 and the state of Texas put a tax lien on me for $45,000.00. The case was dismissed under the double jeopardy clause.
How can I get the state to release this lien?
When I call them they tell me thy are not pursuing these cases but they will not release it.
Any input would sure help.
Posted by: Kevin | March 9, 2006 03:26 AM
Kevin, I'm not a lawyer and I know nothing about how to get out of tax liens. Check with the county clerk or appraisal office where you live because I think they handle property tax liens and might be able to point you in the right direction.
Posted by: Drizz | March 9, 2006 08:41 PM
Drizz, When I talked to the state tax office I was told to go to the court that issued the lien and they told me they would not release it even though it was a case that had been dismissed.
The lien was for not having drug tax stamps for the drugs that I was arrested for.
There has to be a way to get this removed, I just can not understand all of the legal mombo jumbo in the cases I have found on the internet.
Posted by: Kevin | March 13, 2006 07:21 PM
HEY, JUST WANTED TO SEE IF YOU KNEW WHAT THE PUNISHMENT WOULD BE FOR TESTING POSITIVE FOR MARIJUANA WHILE ON PROBATION FOR THE SAME.
Posted by: SALLY | April 11, 2006 06:20 PM