Medical Marijuana in Texas? Texas Marijuana Stamp Tax Act

Medical Marijuana in Texas currently (as of 2013) does not exist.  Because the Federal Government has no laws that allow for implimentation of a Medical Marijuana statute in the entire US, States have opted to enact their own Medical Marijuana Laws.  However, Texas has none.

It is not a defense to possession of marijuana in texas if you have an out of state medical marijuana prescription or license.  Let me repeat: It is not a defense in Texas if you have a medical marijuana prescription.  While another state may endorse Medical Marijuana, all controlled substances are still technically governed by Federal laws, and as such, there is no right to interstate commerce with Medical Marijuana Rx the way that Driver's Licenses can be used state-to-state while traveling.

Texas Marijuana Stamp tax Act

I believe Fox News ran a segment lately about the Texas Marijuana Stamp Tax Act.  How anyone who is interested in the legalization of marijuana happened to catch the segment on Fox news is beyond me, but people have been constantly calling, asking how to legally get their hands on some taxed, legal marijuana in Texas.  In short, you cannot.

How much are these stamps? Marijuana is listed at $3.50 per gram. What does that mean? It means you've paid a tax on marijuana, a still-listed controlled substance.  In a way, it's a bold admission of possession of Marijuana.  Not only do you intend on (and probably at that time) possess marijuana, but you've gone a step further to pay a State tax on it!  Unfortunatly, paying tax on contraband does not mean it's legal.  So the marijuana you've paid tax upon is still illegal according to the Texas Penal code.  

In fact, the Tax Code itself makes it plain as day that your taxed marijuana is still illegal, by indicating:

"Nothing in this chapter provides a defense or affirmative defense to, exception to, or immunity from prosecution under the penal laws of this state relating to controlled substances, counterfeit substances, simulated controlled substances, or marihuana."

Yes, for some reason Texas statutes and laws still refer to marijuana as "marihuana."

Another interesting question I've been asked: Is your information instantly turned over to law enforcement when you buy a stamp? Answer:  It's a class B misdemeanor for the comptroller to release a buyer's information, but since it appears that possession even with a stamp is still illegal it's difficult to say who has access to the information.

So, our advice:  Don't waste your money to pay taxes on an illegal substance or contraband, since it's still illegal, and don't think that your medical marijuana Rx is valid in any state or area other than the one issuing it to you.