Marijuana and THC charges in Texas

Marijuana possession penalties

Why is a THC vape treated differently?

"Marihuana" in Texas law means the plant. Tetrahydrocannabinols outside the plant, such as oil and wax, are in Penalty Group 2 (481.103). That is why a cartridge can be a felony when the same THC in plant form would be a misdemeanor.

What about hemp?

Hemp and hemp products with no more than 0.3% delta-9 THC by dry weight are legal. Since July 31, 2026, delta-8 and other non-delta-9 THC isomers and variants are treated as controlled. See THC and delta-8 after July 31, 2026.

What are the penalties for delivering marijuana?

Will I be arrested or cited for a small amount?

Texas law allows an officer to issue a citation instead of making an arrest for Class A or B possession of marijuana under 4 ounces, if the person lives in the county and the local agency has a policy allowing it (Code of Criminal Procedure 14.06). A citation is still a criminal charge, with a court date.

What about paraphernalia?

Possession of drug paraphernalia, such as a pipe or grinder, is a Class C misdemeanor punishable by a fine only (Health and Safety Code 481.125).

What is the Texas Compassionate Use Program?

Texas allows certain patients to use low-THC cannabis prescribed by a registered physician under Health and Safety Code chapter 487. The program has strict limits on THC content and who qualifies. Possessing a product outside the program is not protected by it.

How are marijuana cases defended?

• The search: because hemp and marijuana look and smell alike, the basis for a search based on odor is often disputed.
• The lab: the State must prove the substance is marijuana, not hemp, which requires measuring delta-9 THC concentration.
• Possession: in a shared car or home, the State must link the person to the marijuana.
• Weight: the line between 2 and 4 ounces, or 4 ounces and 5 pounds, can change the charge.

Can a marijuana charge be sealed?

A dismissal may qualify for expunction, and completed deferred adjudication may qualify for nondisclosure after the waiting period. See expunction and nondisclosure.

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

Can a marijuana charge be raised because of where it happened?

Yes. Health and Safety Code 481.134 raises the level of many drug offenses committed in, on or within 1,000 feet of property owned, rented or leased by a school or school board, at a youth center or playground, or on a school bus. For marijuana, possession of 2 ounces or less (normally Class B) becomes a Class A misdemeanor (481.134(f)), more than 2 to 4 ounces (normally Class A) becomes a state jail felony (481.134(e)), and more than 4 ounces to 5 pounds (normally a state jail felony) becomes a third-degree felony (481.134(d)), with some exceptions to the Class A increase in 481.134(g). The State has to prove the location and the distance, so the measurement and the map the officer relied on are worth checking.

Is there a defense if I called 911 for an overdose?

For misdemeanor marijuana possession (2 ounces or less, or more than 2 to 4 ounces), Health and Safety Code 481.121(c) provides a defense if you were the first person to request emergency medical help for someone else's possible overdose, made the request during the emergency, stayed until help arrived and cooperated with medical staff and police, or if you were the person who overdosed. Section 481.121(d) lists situations where the defense is not available, so the details matter.

What does "usable quantity" mean?

Possession under 481.121(a) requires a usable quantity of marijuana. Residue, stems or ash that cannot be used may not meet that element, and the State must also prove the material is marijuana rather than hemp. Under Health and Safety Code 481.002, hemp is excluded from the definition of marijuana, which is why the delta-9 THC concentration measured by the lab is so often the central question.

What if the marijuana was found in a shared car or apartment?

Possession means actual care, custody, control or management (Health and Safety Code 481.002). When several people share a car or a home, the State must connect the drugs to you, not just to the place. Who owned or was driving the car, where the item was found, whether it was in plain view and what was said at the scene are the kinds of facts a lawyer will look at.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026