by Nancy Fernandez

Filmmaking in Texas offers a unique blend of scenic landscapes, historic sites, and vibrant cities, making it an attractive location for movie shoots. However, when it comes to incorporating elements like marijuana into a film, whether as a prop or part of the storyline, navigating the legal landscape becomes crucial.

Texas has historically had strict marijuana laws, and while there have been changes and nuances over the years, compliance remains paramount. You can read more about it here. This article provides filmmakers with essential tips on adhering to marijuana laws during movie shoots in Texas, ensuring a smooth production process free from legal hurdles.

1. Understand the Current Legal Framework

Before planning any scenes involving marijuana, it's essential to have a clear understanding of the current legal status of marijuana in Texas. As of my last update, Texas allows for the use of low-THC cannabis (not exceeding 0.3% THC) for medical purposes under the Texas Compassionate Use Program.

Recreational use remains illegal. Laws and regulations can evolve, so consulting with a legal expert or checking the latest updates from the Texas Department of Public Safety is advisable.

2. Consider the Use of Props

For scenes requiring the depiction of marijuana, consider using prop alternatives that mimic the appearance but contain no THC. This approach eliminates legal risks and is commonly used in film production. 

Ensure that the props are clearly documented and distinguishable from real marijuana to avoid any confusion or legal issues during random checks or inquiries.

3. Secure Necessary Permits and Permissions

When shooting scenes that involve marijuana or its substitutes, obtaining all necessary permits and permissions becomes even more critical. 

This includes not only the standard filming permits but also any additional permissions related to the depiction of substances. Engage with local authorities early in the planning process to understand specific requirements and secure approvals well in advance of your shoot.

4. Educate Your Cast and Crew

Ensure that all cast and crew members are aware of the legal status of marijuana in Texas and the policies you've implemented on set regarding its depiction and use. This includes briefing them on the use of props instead of real marijuana and the importance of adhering to state laws to avoid personal and production-related legal issues.

5. Consult with Legal Experts

Given the complexities of state laws and the potential for changes, consulting with legal experts who specialize in Texas law and the entertainment industry is invaluable. They can provide tailored advice on how to navigate marijuana-related scenes legally and may offer insights into mitigating risks associated with such depictions.

6. Plan for Post-Production Considerations

Be mindful of how marijuana is portrayed in your film and consider the implications for distribution, especially in states or countries with different laws and cultural perceptions regarding marijuana. Post-production editing and regional versions of the film may be necessary to comply with various regulations and ensure broader market access.

7. Stay Informed on Legislative Changes

Texas, like many states, is experiencing ongoing debates and changes regarding marijuana laws. Staying informed about legislative developments is crucial for filmmakers, as what may be illegal today could change tomorrow. Regularly update your knowledge and be prepared to adjust your production plans accordingly.

Conclusion

Filming in Texas offers many opportunities for filmmakers, but it also requires careful navigation of the state's marijuana laws. By understanding the legal framework, using props, securing the necessary permits, educating your cast and crew, consulting with legal experts, planning for post-production, and staying informed on legislative changes, filmmakers can effectively manage the legal complexities surrounding the depiction of marijuana in their projects. 

Remember, the goal is to ensure that your creative vision comes to life on screen without legal complications, preserving the integrity of your work and the safety of your team.