Higher Education: A New Student’s Guide to Cannabis in Austin

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For those who enjoy its powers, cannabis can be an antivenom to stress, a multiplier of creativity, and a facilitator of social bonding. Thus, it's a fitting supplement for the college experience where life expands with new friends, new areas of study, new freedoms.

It's still illegal here. But if you're a weed-inclined undergrad who's new to town, I have fantastic news: Austin is as close to a paradise for stoners as you're gonna get in a red state. Here's the lay of the land for cannabis in our community.

The Prohibition Era Continues

Marijuana has been illegal in Texas since 1931 and remains so 92 years later. We are one of only 10 states that hasn't legalized the plant's use on either a recreational or medical level (Texas has a medical program, but it's limited to CBD-oil based treatments for a short list of conditions). Still, of all American cities where weed is outlawed, Austin may have the most relaxed enforcement. In a nutshell: You could get arrested, but it's nearly impossible to face criminal repercussions for a personal amount of marijuana in Austin.

Mykal J. Fox, a prominent local criminal defense attorney who specializes in drug cases, can't overstate how low a priority marijuana enforcement currently is for local police, prosecutors, and judges.

"Say one of my clients has been stopped for a DWI and they have pot in the car, a lot of times they get their car back after it's been towed and their marijuana is still there – that's how lax it is," he says.

Fox, who is involved with the Austin chapter of NORML (National Organ­iz­a­tion for the Reform of Marijuana Laws), says that from his experience, Austin Police Department officers won't even fill out the paperwork for marijuana cases unless quantities are in the "state jail felony" range, which is over a quarter pound. The only police force with a local presence who he sees issuing marijuana possession citations anymore is the Department of Public Safety, but he says the Travis County prosecutors dismiss those cases almost immediately.

Fox says the same goes for THC cartridges, concentrates, and edibles. If you don't have "weight," you don't have much to worry about.

The de facto decriminalization of cannabis in Austin began by accident in 2019 when the passage of a House bill legalized "industrial hemp" statewide, leaving police departments unable to legally discern nonpsychoactive hemp from weed with THC without lab tests. But by the time APD became equipped to test confiscated cannabis THC, local leaders had decided it wasn't a priority.

"Does that mean you can walk down the street and smoke a doobie?" Fox posits. "I would say yes."

(My editor wants me to emphasize that our publication is not recommending you smoke marijuana on the street in front of law enforcement.)

Even though Texas' new "rogue prosecutor" bill taking effect Sept. 1 will prevent prosecutors from categorically dismissing cases (like all cannabis-related crimes), that shouldn't change much. Possession of marijuana is a misdemeanor handled by the County Attorney's Office, which has never had a blanket policy about marijuana possession charges, but pursues very few marijuana cases because of how difficult it is to prove beyond a reasonable doubt that a substance is illegal marijuana rather than legal hemp. Students should keep in mind, however, that the University of Texas code on student conduct considers the possession or use of any illegal drug to be behavior "misconduct" and thus subject to potential disciplinary action.

The Underground Marijuana Market

Not only is it extremely easy to find marijuana and related products like gummies, cartridges, and wax in Austin's black market, it's also of legit quality and comparable to dispensary prices in recreational states – or cheaper.

The old-fashioned way to score weed is to "know a guy," and there are plenty of "guys" to know. But in recent years, we've also seen a rise in underground delivery services – they have menus sent out via text or on messaging apps like Discord. These illegal ventures sometimes require referrals. Austin is also home to speakeasy-style dispensaries and pop-up markets where you would swear you'd fallen through a wormhole into Colorado.

The Straight and Narrow Path to Getting High

Operating legally, Austin has a vast market of CBD manufacturers and retailers. Cannabidiol, which is extracted from hemp and doesn't contain the psychoactive element THC, is a popular remedy for a variety of ailments from anxiety to arthritis, as well as having a life-changing impact for people with epilepsy-related seizures and other neurological conditions. CBD is also an effective pain reliever and just kinda makes you feel good and relaxed. This very publication has a line of CBD gummies and tinctures in partnership with local small business Grassroots Harvest.

The Chronicle's cannabis merch also includes Delta-8 products – including smokable flower. Delta-8 THC is a loophole high. It's a psychoactive molecule in the cannabis plant that's similar to, but less potent than, the illegal Delta-9 molecule in the same plant. It gets you stoned, though it's a milder high with a slightly different essence – kind of like traditional marijuana's sorta-­chill cousin. The last two years have seen the emergence of another legal alternative: THC-O, which is not naturally occurring but rather synthesized through a chemical process and added to smokable hemp flower. The effects of it feel strikingly similar to marijuana and you can buy it in the same places you might a Snickers bar.

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* Editor's note Thursday, Aug. 24, 3:45pm: This story has been updated to correct that the County Attorney’s office is affected by HB 17, the “rogue prosecutor” bill that limits prosecutors’ ability to categorically dismiss cases. However, the office has never had a blanket policy around marijuana possession, so the bill will not change their procedure.