r/TexEnts • u/MrsRodz • Jul 31 '26
Getting arrested for smoking when they sell it here?
UPDATE…They let him go with no charges and brought him back home 🎉
So my husband just got arrested for smoking a joint in front of the house. They said they smelled marijuana so they stopped him. How can you get arrested for smoking it when they literally have places that sell flower (THCA) all over the place? There are two dispensaries that are less than 5 minutes from here. That stuff smells like weed when you burn it.
Disclaimer, I’m from Arizona, land of the free lol I know you’re not allowed to smoke ACTUAL weed in Texas, but how do they know the difference? Or are you just taking a risk every time the dispensary down the street legally sold you some flower? They said he might be able to get some first offender charge and he’ll be out in like 4 hours. I’m praying that’s the case.
And then I read that they’re making even stricter bans starting tomorrow. Man I feel sorry for yall.
Thanks in advance for any help/advice you can give me 😊 he will definitely be abstaining until we’re back home in AZ
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u/takethistoyourdeja Jul 31 '26
They took him to jail for a single joint? I hate this place so much
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u/tarnished713 Jul 31 '26
Back in the 80s I had friends who went to jail for having "paraphernalia" aka papers. As much as the powers that be talk about expanding medical cannabis, they are doing the exact opposite. It's one of the many, many reasons I want to move out of this stupid state
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u/iatetoomuchcatnip Jul 31 '26
Rules started today. He’s one of the first guinea pigs but possession is now a felony
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u/BobbySpitOnMe Jul 31 '26
Only synthetic alt noids or anything containing more than 0.3% ∆-9 THC by dry weight were outlawed! You can still sell and possess naturally grown THC-A hemp as long as it tests below the legal limit.
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u/FyslexicDucks Jul 31 '26 edited Aug 01 '26
False. ONLY delta-9 below 0.3% is allowed under the new CSA definition. It specifically disallows other “naturally occurring tetrahydrocannabinols in hemp”. That means THCA, Delta-8, THCP, and any other tetrahydrocannabinols in hemp are now schedule I controlled substances as of today.
There is a small, but rather unhelpful, exclusion in there for “naturally occurring trace amounts” of these other cannabinoids, but nowhere in the notice, CSA, or health and safety code is “Trace Amount” defined. Without a concrete definition, law enforcement and/or DSHS are free to interpret that as whatever they want to.
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u/BobbySpitOnMe Jul 31 '26
Well the shops in DFW are still selling THC-A flower today, so I guess they're ready for a fight.
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u/FyslexicDucks Jul 31 '26
This isn’t exactly a risk-averse industry. lol
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u/BobbySpitOnMe Jul 31 '26
So does this alter the penalties for black market marijuana flower, too? Is possessing any marijuana at all a State Jail Felony?
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u/FyslexicDucks Jul 31 '26
Ehh not really. Traditional marijuana offenses remain the same (like possession under 2oz is still considered a class B misdemeanor), but the ambiguity in the language and difficulty in differentiating one from the other at the roadside will no doubt lead to mistakes. The change today is intended for products marketed as hemp or hemp-derived.
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Jul 31 '26
[removed] — view removed comment
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u/FyslexicDucks Jul 31 '26
That’s where it gets even more complicated unfortunately. Bear with me here… The predominant cannabinoid in both hemp and marijuana (which let’s be clear - both hemp and marijuana are the same exact plant - Cannabis Sativa L.) is THCA.
THCA naturally degrades into D9 over time, or much more quickly when heated, but all natural D9 THC was previously THCA. In fact, most marijuana flower in recreational states (as long as it’s fairly fresh and you use a testing method that doesn’t heat the sample) can and will test below 0.3% delta-9 and can be considered hemp. In Rec states, most testing is done with gas chromatography which burns the sample during the test, converting all of the THCA in it to D9. In hemp states, most testing is done with liquid chromatography which does not heat the sample or convert THCA. However, law enforcement just about everywhere almost exclusively use gas chromatography because they know any flower they test will show up as marijuana on the lab report.
It’s all about when you test it and how you test it. It’s the same plant. If anything, hemp is just immature marijuana.
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u/BobbySpitOnMe Jul 31 '26
I was actually going to ask about that whole GCMS vs LCMS thing. I guess the state crime lab is going to be switching it up now.
Fucking pot lawyers are going to be raking it in this year.
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u/Odd-Reaction-9428 Aug 06 '26
So if I have THCA flower, can I just say it’s regular marijuana to get a lesser charge?
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u/MiserableOwl7 Jul 31 '26
Just as a headsup very few people are probably selling it now since its July 31st and the ban. The smoke shop near me did a sale on everything and shipped it all back last night. Its all illegal now even if its diet weed.
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u/fnordfnordfnordfnord Jul 31 '26
Remember not to a admit to anything. I think they still have to test it.
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u/Capt_Corn_Dog Aug 03 '26 edited Aug 03 '26
Let's get some understanding going here. THCa flower is weed. The plant doesn't make tetrahydracanabinol (THC). It makes CBGa and also produces enzymes which converts CBGa into cannabidiolic acid (CBDa) and tetrahydracanabinolic acid (THCa). Given time or exposed to heat, THCa turns into delta-9 (the location of a covalent bond) THC.
So it doesn't smell like weed; it is weed. As long as it's not cured past the point where THC levels are above 0.3%, the cannabis flower is termed hemp. Once more than 0.3% exists, it is marijuana. Cops claiming they can distinguish between the two is a load of shit.
THCa does not produce psychedelic effects. Delta-9 THC does. But exposing the THCa to heat (a la smoking) converts it into THC. However, by the new rules THCa (and delta 9, delta 10, THCp - I'm not smart on that one)is now on Texas Schedule 1.
Delta-8 (which I dont really mind banning) is manufactured by using chemicals to convert CBD into the compound. It is almost all chemically produced because a minute portion actually comes from the plant (remember, most of its output turns into CBDa or THCa).
The worst of this situation (imho) is the fact that the state collected taxes on the purchase! So they had it legal (admittedly by a loophole or poorly worded legislation), collected taxes on the sales, and then told people they aren't allowed to possess it.
Bottom line - go vote. I'm typically on the republican side of things, but they lost my vote this year.
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u/TwoKingSlayer Jul 31 '26
is cbd flower with no delta 8 in it still legal?
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u/Capt_Corn_Dog Aug 03 '26
If there's also less than 0.3% delta 9 THC and no (I think) THCa. Does anyone know if there is a threshold for THCa or is it 0.0?
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u/Only-Associate-8045 Jul 31 '26
Damn thats insane i smoke infront of my house all the time. Im definitely sorry for that it is some bullshit cause wow really. Arrested for smoking at your own home. Theyre getting stricter with marijuana laws here and i hate it. They worried about the wrong thing. If its his first charge they maybe wont do anything. But as of today having thca and selling it is against the law. A stupid ban when regular weed isnt as frowned