Tyler Flood has earned the Lawyer-Scientist Designation from the American
Chemical Society.
Tyler Flood is a Past President of the Harris County Criminal Lawyers
Association (HCCLA).
How Is Marijuana Defined Under Texas Law?
Cannabis, sometimes called weed, bud, or pot is defined under the Health and Safety Code §
481.002(26),
which states any compound, manufacture, derivative, salt, mixture or preparation of the plant Cannabis
Sativa L. is considered to be marijuana. This means not all parts of the cannabis plant will be
considered marijuana under Texas law.
According to Texas law, the term marijuana doesn’t include:
- Resin extracted from the plant;
- Salt, derivatives, compounds, mixtures or preparations of resin;
- Fiber produced from the stalks of the plant;
- The matured stalks of the plant;
- Any oils or cakes made from the plant seeds;
- Sterilized seeds from the plant that’s incapable of germination; or
- Compounds, salts, derivatives, mixtures, preparations or manufacturing of the mature stalks,
fiber, oils or cakes.
Because of this, some cannabis products aren’t considered legally considered to be marijuana. For
example, THC concentrates are made from resin collected on cannabis flowers. This would make THC
concentrates a Penalty Group 2 drug instead of marijuana in the eyes of the law.
