Drug offenses are taken seriously in Texas, especially since a portion of the state borders Mexico, from which many illegal drugs cross the U.S. borders. No matter the location you're in, there are always some circumstances when you can't be held liable for drug use.
As a person who has been accused of drug crimes, you may have questions. What if your drug use was legal, as it very well could be? That might be the case if you were taking medical marijuana. Medical marijuana is a term used to describe marijuana used for medical purposes, like treating the terminally ill or those with certain diseases. It's commonly used in a number of states around the U.S. and is now legal for recreational use in two.
Medical marijuana may be prescribed for pain relief or as a kind of treatment. For the sake of argument, medical marijuana is not different than traditional cannabis. It is the same plant. However, the federal Controlled Substances Act does recognize marijuana as a Schedule I drug, meaning that it can be abused, has no accepted medical use in the United States, and has not been accepted for safe use under medical supervision.
What does that mean for you, if you were prescribed the drug? Right now, there is a growing debate about the use of medical marijuana. It could mean that you have the law on your side for taking it via your doctor's orders, or you could be held liable for a drug crime for using a Schedule I drug. It all depends on how your case is handled.
Source: FindLaw, "Medical Marijuana - An Overview" Oct. 02, 2014