New Drug Laws in Texas 2024: What's New and What It Means

• Changes in Drug Laws
• Decriminalization of Small Possession
• Treatment and Rehabilitation in the Criminal Justice System
• Marijuana Decriminalization
• Prescription Drug Importation
• Increased Penalties for Fentanyl Offenses
• Fentanyl Poisoning Awareness Month
• Bottom Line
  

Changes in Drug Laws

Drug laws have been a hot topic in Texas for years with high incarceration rates and disproportionate punishments for drug offenses. The new Texas laws aim to fix this by decriminalizing certain drug offenses and providing alternative punishment.


These changes were brought about by specific House Bills addressing various issues such as criminal offenses, domestic violence, and legal procedures.

Decriminalization of Small Possession

One of the big changes in the Texas drug laws was the decriminalization of drug possession. This means if you’re found to have one ounce or less of drugs (like marijuana) you will no longer face criminal charges and the associated penalties (like state jail felony).

Possession of larger amounts can result in a Class B misdemeanor. Possession of very small amounts was classified as a Class C misdemeanor. Instead, you’ll get a citation and a fine. However, marijuana is still illegal in Texas even for recreational use.

Related: Possession with Intent to Distribute: First Offense

Treatment and Rehabilitation in the Criminal Justice System

Along with reclassifying certain possession offenses the new law also puts more emphasis on treatment and rehabilitation for people struggling with substance abuse. This includes diversion programs that allow for drug treatment instead of incarceration for first-time or low-level offenders. The goal is to address the root causes of drug use and give people the support they need to overcome addiction. Additionally, students caught with drugs on school property may be sent to a disciplinary alternative education program as part of the efforts to address substance abuse.

Marijuana Decriminalization

Another big change in the Texas drug laws is marijuana decriminalization. While it’s not fully legal, possession of small amounts of marijuana (one ounce or less) is now a civil offense, punishable by a fine instead of jail time. Possession of small amounts is a misdemeanor punishable by a fine. But distributing or possessing larger amounts of marijuana is a criminal offense and the penalties range from misdemeanor to felony charges depending on the quantity. Possession of larger amounts can lead to a second-degree felony.



Related: How Often Are Felony Charges Dropped?

Prescription Drug Importation

HB 25 allows for prescription drug importation of cheaper prescription drugs from Canada through a program created by the Health and Human Services Commission. This rule makes cost-effective prescription drugs more available to consumers in Texas. It’s an option for people who can’t afford medications prescribed by their doctor. However, importing prescription drugs from Canada is only allowed if the US Food and Drug Administration approves.

Also read: Controlled Substance - Texas

Increased Penalties for Fentanyl Offenses

Fentanyl, a powerful opioid responsible for many overdose deaths in recent years, has more severe penalties under the new law. This increases penalties for people manufacturing or selling fentanyl, a synthetic opioid that has caused many overdose deaths. Penalties for fentanyl-related offenses are higher when someone dies from fentanyl use. Certain fentanyl-related offenses can be classified as a third-degree felony.

Fentanyl Poisoning Awareness Month

Texas has declared October as Fentanyl Poisoning Awareness Month. This initiative aims to raise awareness about the growing threat of fentanyl, a powerful synthetic opioid that is significantly more potent than morphine. The goal is to educate the public on the risks of overdose and the potential lethality of even small doses of fentanyl.

You might be interested: Can You Get in Trouble for Texting About Drugs in Texas?

Bottom Line

In summary, the changes in Texas drug laws mean a shift towards a more rehabilitative approach to drug offenses, treating substance abuse as a health issue and addressing disparities in the criminal justice system. These changes are to protect your rights and public safety. Law enforcement agencies play a crucial role in implementing and enforcing these new drug laws. If you’re facing drug charges, consult with an experienced McAllen drug crime lawyer to help you through the process and protect your rights.

The Law Office of Rolando Cantu is dedicated to defending people charged with drug crimes in Texas. Our team of criminal defense lawyers knows the Texas drug laws inside and out and will work hard to protect your rights and get you the best result possible. Call us today for a free consultation and let us fight for you. Remember, with the new Texas drug laws, there’s hope for treatment, not punishment. We’ll be your advocate.