Marijuana Charges in Dallas, TX
Crimes related to marijuana carry significant sentences in Texas, even if other states have changed their laws. You can have a lot on the line for possessing, selling, growing, or using marijuana. When you’re charged with a marijuana-related crime, you’re facing time behind bars, fines, and a permanent record. Without the help of an experienced Dallas marijuana defense lawyer to protect your rights, you could lose even more.
Attorney Mike Howard is ready to hear your story and offer his unique insight to help you with your case. Call (214) 296-2221 to schedule your consultation today.
Texas maintains some of the strictest marijuana laws in the country. While other states have legalized recreational or medical use, possessing, selling, or distributing marijuana in Texas can lead to severe legal consequences.
Marijuana Offenses, Penalties, and Laws in Texas
Texas maintains some of the strictest marijuana laws in the country. While other states have legalized recreational or medical use, possessing, selling, or distributing marijuana in Texas can lead to severe legal consequences.
Marijuana Possession Laws
Under Texas Health and Safety Code § 481.121, it is illegal to knowingly or intentionally possess a usable quantity of marijuana. The penalties for possession depend on the amount found in your possession:
- Less than 2 ounces – Class B misdemeanor, up to 180 days in jail and $2,000 in fines.
- 2 to 4 ounces – Class A misdemeanor, up to 1 year in jail and $4,000 in fines.
- 4 ounces to 5 pounds – State jail felony, between 180 days to 2 years in state jail and up to $10,000 in fines.
- 5 to 50 pounds – Third-degree felony, between 2 to 10 years in prison and up to $10,000 in fines.
- 50 to 2,000 pounds – Second-degree felony, between 2 to 20 years in prison and up to $10,000 in fines.
- More than 2,000 pounds – First-degree felony, between 5 to 99 years or life in prison and up to $50,000 in fines.
In addition to jail time and fines, a conviction for marijuana possession can result in a driver’s license suspension, loss of eligibility for federal student aid, and a permanent criminal record.
Marijuana Distribution, Trafficking, and Delivery
Selling or delivering marijuana carries even harsher penalties under Texas Health and Safety Code § 481.120. The severity of the charge depends on the amount of marijuana involved and whether payment was exchanged:
- ¼ ounce or less (without payment) – Class B misdemeanor, up to 180 days in jail and $2,000 in fines.
- ¼ ounce or less (with payment) – Class A misdemeanor, up to 1 year in jail and $4,000 in fines.
- More than ¼ ounce to 5 pounds – State jail felony, between 180 days to 2 years in state jail and up to $10,000 in fines.
- 5 to 50 pounds – Second-degree felony, between 2 to 20 years in prison and up to $10,000 in fines.
- 50 to 2,000 pounds – First-degree felony, between 5 to 99 years or life in prison and up to $10,000 in fines.
- More than 2,000 pounds – Enhanced first-degree felony, between 10 to 99 years or life in prison and up to $100,000 in fines.
Selling or delivering marijuana to a minor or within a drug-free zone (such as a school or public park) can lead to increased penalties.
Charges Related to THC Concentrates and Edibles
Possession of THC concentrates, such as vape cartridges, wax, or edibles, is treated much more harshly than plant-form marijuana. Under Texas law, THC extracts fall under Penalty Group 2 of the Texas Controlled Substances Act, meaning even a small amount can result in a felony charge:
- Less than 1 gram – State jail felony, between 180 days to 2 years in state jail and up to $10,000 in fines.
- 1 to 4 grams – Third-degree felony, between 2 to 10 years in prison and up to $10,000 in fines.
- 4 to 400 grams – Second-degree felony, between 2 to 20 years in prison and up to $10,000 in fines.
- More than 400 grams – First-degree felony, between 10 to 99 years or life in prison and up to $50,000 in fines.
Many people do not realize that possessing THC-infused edibles carries the same felony penalties as hard drugs like cocaine or methamphetamine.
Marijuana Paraphernalia Charges
Texas law also criminalizes the possession of drug paraphernalia, which includes pipes, rolling papers, bongs, grinders, and other accessories used to consume marijuana.
- Possession of paraphernalia – Class C misdemeanor, up to a $500 fine.
- Selling or distributing paraphernalia – Class A misdemeanor, up to 1 year in jail and $4,000 in fines.
- Selling to a minor – State jail felony, between 180 days to 2 years in state jail and up to $10,000 in fines.
How Can I Defend Against Marijuana Charges?
Every marijuana case is unique, and the right defense strategy depends on the circumstances of the arrest, the evidence against you, and whether your rights were violated. Some of the most effective defenses against marijuana charges in Texas include:
Unlawful Search & Seizure
The Fourth Amendment protects individuals from illegal searches and seizures. If police found marijuana during an unlawful traffic stop, an illegal search of your home, or without probable cause, the evidence may be thrown out in court.
Lack of Knowledge or Possession
Possession requires knowledge and control. If the marijuana was found in a shared car, home, or someone else’s bag, it may be difficult for the prosecution to prove you knowingly possessed it.
Lab Testing & THC Concentration Challenges
Texas law requires precise lab testing to determine whether a substance contains THC above the legal limit for hemp. If the state fails to produce valid lab results, the case may be dismissed.
Medical Necessity Defense
Although Texas does not recognize medical marijuana, in rare cases, courts have accepted a medical necessity defense. If you were using cannabis for a serious medical condition and had no alternative treatment, this argument may be raised.
Diversion or Drug Treatment Programs
For first-time offenders, alternative sentencing options such as pretrial diversion, drug court, or probation may be available to avoid a criminal record.
FAQs About Marijuana Charges in Texas
Can I Get Arrested for Having Marijuana in My Car If It’s Not Mine?
Yes. Under Texas law, you can be charged with possession if marijuana is found in your car, even if it belongs to a passenger. However, a strong defense may challenge whether you had actual knowledge or control over the marijuana.
What If I Bought Marijuana Legally in Another State?
Texas does not recognize out-of-state marijuana laws. Even if you legally purchased marijuana in Colorado or California, bringing it into Texas is still illegal and could result in criminal charges.
Can I Own a Firearm If I Have a Marijuana Conviction?
A marijuana conviction may prohibit you from legally owning a firearm, especially for felony-level offenses. Federal law prohibits firearm possession for anyone convicted of a drug-related crime punishable by over a year in prison.
Will a Marijuana Conviction Affect My Employment or Housing?
Yes. Many employers and landlords conduct background checks, and a drug conviction can disqualify you from certain jobs, housing, and federal benefits. Sealing or expunging a record may help limit the long-term impact.
Can a First-Time Marijuana Offense Be Dismissed?
It depends on the circumstances of your case. Some first-time offenders may qualify for pretrial diversion, which can lead to dismissal upon completion of probationary conditions. Consulting a lawyer can help determine if this is an option for you.
Can You Get a Marijuana Charge Expunged?
Whether or not you can expunge a marijuana charge depends on the specifics of your case. If you were acquitted, the case was dismissed, or you were found not guilty, you may be eligible to have the charge expunged, which clears your record completely. If you completed a deferred adjudication program, you may not qualify for expungement but could be eligible for an order of non-disclosure. This would seal the record, preventing it from being accessed by the general public but still allowing access for certain entities, such as law enforcement. An experienced marijuana defense attorney can help you understand your options and guide you through the process of clearing or sealing your record.
Why Hire a Dallas Marijuana Lawyer?
At the Law Office of Mike Howard we have a proven track record of success both inside and outside the courtroom getting results for our clients. We understand that innocent people can get charged and convicted in Dallas. Moreover, good people who’ve simply made a mistake can get railroaded into a terrible outcome. It is essential to have a dedicated Dallas marijuana defense lawyer fighting for you.
The good news is the prosecutor must prove their allegation beyond a reasonable doubt. This is the highest burden of proof in our justice system. The court must find you not guilty if the prosecutor cannot rule a single reasonable doubt. This can be a powerful defense when implemented by a skilled Dallas possession of marijuana attorney. Finally, a strong defense can lead to fantastic outcomes. For example, acquittal, rejection of charges, diversion, dismissal, reduction of charges, or deferred probation are all possible.
Mike Howard is a Different Kind of Defense Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of defense lawyer in Dallas, Texas you’ve come to the right place.
Work with Dallas Marijuana Defense Lawyer Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas, innocent people can get accused, charged, and convicted when they don’t have a Dallas marijuana defense lawyer fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
I believe that focusing on clients’ needs and individual situations is the cornerstone of my practice. I want them to know their options and understand why I’m making the decisions I am. I want my clients to know I am willing to fight. We don’t always need to go to trial, but we’re ready when we need to go to court.
Our Case Process at Howard Law
At Howard Law, we listen to our clients to understand their needs. We see everyone we work with as real people. Throughout your case, we will be transparent and responsive — things can change quickly, and we want to help you understand your options. We’re here to fight for you in your marijuana criminal case.
Get Started on Your Marijuana Defense Today
Whether you’re facing a marijuana possession charge or if you’re accused of distributing marijuana, you deserve skilled legal representation. We’re here to help you. Attorney Howard’s experience as a prosecutor provides him a unique advantage in your defense — he understands the prosecutor’s playbook, and Mike is ready to hear your case and create a defense strategy as a Dallas drug crimes defense lawyer.
Call (214) 296-2221 to get started today.
A Proven Track Record
Dallas Possession of Marijuana Attorney
M.S. – Possession of Marijuana
Our client was a young man who simply got caught with a little marijuana on him. Rather than let it change the trajectory of his entire life, we got him into a diversion program and got the case dismissed.
L.G. – Possession of a Marijuana 4oz – 5lbs
Our client had a felony weight of marijuana on him. This case could’ve wrecked his life completely. We were able to convince the prosecutor to reduce his case to a misdemeanor and avoid a conviction altogether. In the end, his case was dismissed.
