Marijuana Charges in Texas: Current Laws and Penalties

Is Marijuana Still Illegal in Texas? Yes — and the Consequences Can Be Serious.

Despite shifting attitudes nationwide, marijuana remains illegal under Texas law, and even small amounts can result in criminal charges. While some cities and counties have implemented cite-and-release policies or diversion programs, marijuana offenses are still prosecuted — and a conviction can carry lasting consequences.

In this post, you’ll learn:

• How Texas law defines marijuana offenses
• The difference between marijuana and THC concentrate charges
• What penalties apply based on quantity
• How enhancements and local policies affect your case
• Why you need an experienced attorney near you to protect your record

What Is Considered Marijuana Under Texas Law?

Under Tex. Health & Safety Code § 481.002(26), marijuana is defined as:

“The Cannabis plant, whether growing or not; the seeds of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant.”

However, this definition excludes hemp, which the State defines separately under Tex. Agriculture Code § 121.001, as cannabis containing no more than 0.3% THC by dry weight.

So, yes — the difference between hemp and marijuana comes down to THC content, which must be verified through lab testing.

Is Possession of Marijuana a Crime in Texas? Yes.

Possession of any amount of marijuana — even a single joint — is still a criminal offense under Tex. Health & Safety Code § 481.121.

Possession Penalty Breakdown:

• <2 ounces = Class B Misdemeanor (up to 180 days in jail, $2,000 fine)
• 2–4 ounces = Class A Misdemeanor (up to 1 year in jail, $4,000 fine)
• 4 oz – 5 lbs = State Jail Felony (180 days to 2 years in state jail)
• 5–50 lbs = Third-Degree Felony (2–10 years)
• 50–2,000 lbs = Second-Degree Felony (2–20 years)
• Over 2,000 lbs = First-Degree Felony (5–99 years or life)

Even misdemeanor convictions can affect your employment, driver’s license, housing eligibility, and immigration status. That’s why it’s critical to speak with a lawyer near you as early as possible.

What About THC Concentrates, Oils, and Edibles?

Here’s where many people get caught off guard: concentrated forms of THC — such as vape cartridges, oils, wax, dabs, edibles, and tinctures — are not treated as marijuana under Texas law.

Instead, they fall under Penalty Group 2 of the Texas Controlled Substances Act — the same group that includes drugs like ecstasy and PCP.

Penalties for THC Concentrates:

• <1 gram = State Jail Felony
• 1–4 grams = Third-Degree Felony
• 4–400 grams = Second-Degree Felony
• >400 grams = First-Degree Felony

This means a single THC gummy or vape cartridge can land you in prison — even though many people mistakenly believe these products are legal or low-risk.

If you’ve been charged with a THC concentrate offense, contact a knowledgeable attorney near you right away. There may be defenses related to search validity, lab testing, or lawful possession.

Is Medical Marijuana Legal in Texas?

Texas has a limited medical marijuana program called the Texas Compassionate Use Program (CUP) under Tex. Occupations Code § 169.001.

Eligibility is restricted to patients with qualifying conditions (such as epilepsy, multiple sclerosis, PTSD, and cancer), and only low-THC products (≤1% THC) are permitted. All prescriptions must be made through licensed physicians and registered dispensaries.

Possession of medical cannabis without proper authorization is still illegal and prosecutable.

What Are Drug-Free Zone Enhancements?

If you are arrested within 1,000 feet of a school, youth center, or playground, or within 300 feet of a public swimming pool or arcade, the offense is enhanced under Tex. Health & Safety Code § 481.134.

Drug-Free Zone Enhancements Can Include:

• Increased minimum jail time
• Felony upgrade of a misdemeanor offense
• Ineligibility for probation or parole reduction

These enhancements apply regardless of whether children were present, making it critical that your lawyer near youinvestigates whether the enhancement was properly applied.

Are There Alternatives to Jail for Marijuana Charges?

Yes, in some Texas counties, there are pretrial diversion programs, deferred adjudication, or cite-and-release options— but these vary by jurisdiction.

For example:

• Harris County offers a Misdemeanor Marijuana Diversion Program (MMDP) for small quantities
• Fort Bend and Brazoria Counties offer first-time offender diversion options
• Galveston County often pursues formal charges, but pretrial intervention may still be negotiated

These programs can help avoid a conviction, but early intervention by a skilled attorney near you is essential to qualify.

What Are Common Defenses to Marijuana Charges in Texas?

A skilled defense attorney will evaluate all legal and factual grounds for dismissal or reduction. Common defenses include:

• Unlawful search and seizure (Fourth Amendment violations)
• Lack of probable cause for the traffic stop or arrest
• Mistaken identity or constructive possession
• Substance was hemp, not marijuana — if lab testing is incomplete or flawed
• Medical necessity or misunderstanding of legality

A knowledgeable lawyer near you will file suppression motions, challenge lab evidence, and negotiate strategically with prosecutors.

Why You Need a Lawyer Near You for Marijuana Charges

Even misdemeanor marijuana charges can lead to significant consequences — not just in court, but in your personal and professional life.

An experienced criminal defense attorney can:

• Challenge the legality of the search
• Fight to suppress evidence
• Negotiate for diversion or dismissal
• Protect your record from long-term damage

Mekisha Walker, a former felony prosecutor and seasoned defense attorney, knows the law — and knows how to dismantle the case against you.

Conclusion: Marijuana Charges Still Carry Serious Risks in Texas

Texas may be moving slowly toward reform, but marijuana and THC concentrate charges still carry steep penalties. Don’t let a simple mistake turn into a felony record.

If you or someone you care about is facing charges, get immediate legal help from a trusted attorney near you who understands Texas drug laws and how to protect your future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/

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