defense attorneys in brownsville texas


Many sufferers of untreatable epilepsy find that marijuana or cannabis can ease and even prevent seizures. The new Texas medical marijuana law proposes to make this substance available to Texas epilepsy patients; however, criminal defense lawyers warn about the fine print. Many defense attorneys find that even though the state is progressing in its stance on medical cannabis, the current law leaves much to be desired.

Before you decide that cannabis may be the right thing for you to use with medical approval, you must understand the law and all of its shortcomings. Otherwise you may find yourself needing representation by a criminal defense lawyer.

Using Medical Marijuana In Texas

On September 1 2017, the state of Texas made it legal for some patients to use medical marijuana who suffer from incurable epilepsy that is unresponsive to other drug treatments. To avoid the potential legal problems that could arise from illegal use, criminal defense lawyers stress you must qualify to use medical marijuana.

To qualify as a medical marijuana patient, you must have a diagnosis of a seizure disorder and have tried two or more medications to control it without success. You must also have two different doctors agree that you are a candidate for the use of medical marijuana. Both you and your physicians must then be entered into the Texas Department of Public Safety (DPS) registry to join the DPS medical marijuana program.

Failure to do any of these things to legally obtain the drug could result in serious charges that may require help from criminal defense attorneys.

Potency and Accessibility Concerns

Defense lawyers stress that the DPS has indicated it will make low-THC cannabis products with less than .5 percent potency available to qualifying patients from state-authorized dispensaries. The most recent news is that plants are now growing at a facility just south of Austin. The first plants will be harvested in January of 2018 and then turned into oils and tablets. An exact date for availability to those in the intractable epilepsy community has not yet been announced.

In the meantime, criminal defense lawyers warn that patients should not attempt to grow or purchase cannabis on their own, even if they are already qualified for the program. This could lead to arrest on drug charges.

Medical Marijuana Law Problems with the DPS

Although there is a medical marijuana law in effect in Texas, defense attorneys are aware of only three dispensaries that have been approved by the DPS, one of which has been permitted to actually start growing cannabis for medical use. More companies applied to be growers but were rejected. This was primarily due to conflicting and fluctuating program rules, application issues and the inability of the DPS to generate a dispensing program to actually benefit the patients enrolled in it.

Ten companies have filed formal complaints against the Texas DPS to this effect, claiming that it has failed to act in the best interest of those who need this medication by delaying the start of the program. What does this mean if you are a person in Texas hoping to legally use cannabis products to control your epilepsy? Criminal defense lawyers experienced in handling drug cases stress it is critical that you follow all rules for program enrollment or you could end up with a drug charge or conviction.

Even though a law does exist, defense attorneys warn that qualification for the DPS program does not mean you can grow or purchase your own cannabis. It must be purchased from one of the currently approved dispensaries once they are allowed to begin selling the drug. Until then, defense lawyers recommend that you remain current on the progression of the program within the DPS so you will know when it will be possible to buy medical cannabis products in the future!

Garza & Elizondo, LLP

Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
(956) 202-0067

North Brownsville
Meetings With Attorneys By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(956) 202-0067

San Benito
Meetings With Attorneys By Appointment Only
2395 La Palma Street, Suite A
San Benito TX 78586
(956) 202-0067