While the Texas Penal Code regarding drug offenses remains largely unchanged, the way in which drug offenses are prosecuted across the state is beginning to shift. As prosecutors and law enforcement adapt to changing public opinions and social attitudes, we’re seeing evolving policies and prosecution approaches to drug-related offenses.

This guide will help you understand the current landscape of drug law enforcement in Texas and how these changes may impact individuals facing drug-related charges. Whether you’re directly affected or simply interested in the legal landscape, this guide will help you better understand the current state and application of drug laws in Texas — and when you should hire an experienced Fort Worth drug possession lawyer to handle your case.

Changes in Texas Drug Enforcement in 2024: Law Changes vs. Policy Shifts

It’s crucial to understand that while we’re seeing significant changes in how drug offenses are handled in Texas, these changes are primarily occurring at the application level rather than the policy level through legislative amendments to the Penal Code.

“It’s still within the discretion of each individual prosecution office or each individual county in terms of how they’re treating some of these things,” says Graham Norris, founder of Norris Legal Defense. “There’s not been a real full-scale change in the actual penal code at the state level that says, for example, marijuana is no longer illegal, or something like that.”

This means that while the laws themselves remain largely the same, how they’re enforced and prosecuted can vary significantly depending on the jurisdiction and the policies of local law enforcement and prosecutors’ offices. These policy shifts reflect changing societal attitudes toward drug use and a growing recognition of the need for alternative approaches to drug-related offenses.

2024 Trends in Texas Drug Policy

Many of the policy shifts we’re seeing in 2024 involve an increased focus on reducing penalties and expanding rehabilitation options, especially for marijuana or marijuana-derived products.

By acknowledging addiction as a public health concern, these changes aim to provide individuals with the support they need to overcome substance abuse rather than purely punishing them.

• Reduced Penalties: One of the most significant changes involves reducing penalties for small possession offenses, particularly for substances like marijuana. This shift reflects a broader movement towards decriminalization of THC products. Many states have legalized marijuana for various uses, and public opinion has certainly affected the way Texas prosecutes these cases.
• Focus on Rehabilitation: There is an increased emphasis on rehabilitation over incarceration. By expanding access to drug courts, diversion programs, and treatment options, Texas aims to address the underlying issues of addiction and reduce recidivism.

Implications for Individuals and the Legal System

These changes have far-reaching implications for individuals facing drug-related charges and the legal system as a whole.

• For Individuals: The focus on treatment and reduced penalties offers a path toward recovery and reintegration into society. This approach helps individuals avoid the long-term consequences of a criminal record and provides them with the tools needed for a fresh start.
• For the Legal System: By shifting the emphasis from punishment to rehabilitation, the legal system can allocate resources more effectively and work towards reducing the prison population.

Current State of Marijuana Laws in Texas

While Texas has not fully decriminalized or legalized marijuana, there have been some important changes in recent years that affect how marijuana offenses are handled.

“The change that happened was a few years ago, and it was basically an effort to legalize hemp,” Graham says. “So the statute got very specific as to what counted as marijuana versus what wasn’t, and the THC content has to be above a concentration of 0.3%.”

This change means that prosecutors now face an additional burden of proof in marijuana cases. They must not only prove possession but also that the substance in question contains THC above the legal threshold.

Marijuana itself remains illegal. While leaf marijuana is generally a misdemeanor in smaller amounts, any amount of THC oil products can share the same severity and range of punishment as other illicit drugs like cocaine and heroin in the state of Texas (Penalty Group 1 or PG1 drugs). A vape pen with THC oil in it can lead to a similar penalty range as a needle with heroin in it under current Texas law.

However, while possession of marijuana and THC remains illegal under Texas law, many jurisdictions are adopting more lenient approaches:

1. Citation Instead of Arrest: Some cities now issue citations for small amounts of marijuana instead of making arrests.
2. Diversion Programs: Many prosecutors’ offices are offering diversion programs that allow individuals to avoid criminal charges by completing certain requirements.
3. Alternative Penalties: Some jurisdictions are opting for community service or drug testing requirements instead of traditional criminal penalties.

“Those are things that maybe wouldn’t have been available a few years ago,” Graham says. “It’s a result of changing opinion policies towards those, but the Penal Code has not changed. It’s just the way that they’re being treated.”

Increasingly Harsh Fentanyl Prosecutions in Texas

While 2024 brings new changes to drug laws in Texas, it’s essential to understand one major new law in 2023 regarding fentanyl.

Texas House Bill 6, which went into effect Sept. 1, 2023, seeks to address the growing public health crisis associated with fentanyl, a potent synthetic opioid linked to numerous overdose deaths. This law enhances penalties for individuals involved in manufacturing or selling fentanyl, particularly in cases where someone’s death results from fentanyl use.

Under HB 6, fentanyl overdoses are classified as “poisonings,” allowing for potential murder charges against those responsible for manufacturing or distributing the drug. By imposing stricter penalties, Texas aims to deter the production, distribution, and use of fentanyl.

Why Choose Norris Legal Group for Fort Worth/Arlington Drug Possession Charges

New drug laws and policy shifts in Texas require experienced legal representatives who understand the intricacies of the legal system and can effectively advocate for your rights. Norris Legal Group offers experienced legal guidance as we seek the best possible outcomes for clients facing drug-related charges in Tarrant County and beyond.

Our firm is committed to guiding you through the legal process and offering the experience you need to protect your rights and achieve a favorable outcome. Here are the steps we take to assist you:

• Thorough Case Evaluation: We conduct a detailed assessment of your case, reviewing all evidence and legal options to develop a strong defense strategy.
• Personalized Legal Strategy: Our attorneys work closely with you to create a tailored legal strategy that addresses your unique circumstances and maximizes your chances of success.
• Aggressive Representation: We advocate vigorously on your behalf, challenging any procedural errors or weaknesses in the prosecution’s case and ensuring that your rights are protected throughout the process.
• Access to Resources and Support: We connect you with resources and support services that can assist you in addressing substance use issues and navigating the legal system effectively.
• Proven Track Record of Success: Our history of achieving positive outcomes for clients reflects our dedication and experienced in handling complex drug law cases.

Take Action to Protect Your Future: Contact Norris Legal Group Today

The new drug laws and changing attitudes toward drugs in Texas in 2024 present both challenges and opportunities for individuals facing drug-related charges. Understanding these changes and seeking experienced legal representation is crucial to navigating the legal system effectively and protecting your rights.

At Norris Legal Group, we are committed to providing the guidance and support you need to achieve the best possible outcome for your case. Don’t wait—contact Norris Legal Group today for a free consultation and take the first step toward securing your future.