Why You Need a Denton County Marijuana Lawyer
If you’re facing marijuana charges in Denton County, you need a defense attorney who knows the local courts, prosecutors, and judges. Texas has some of the harshest marijuana laws in the country, and Denton County prosecutors actively pursue convictions. Even possession of a small amount can result in jail time, thousands in fines, and a permanent criminal record that follows you for life.
The good news? Many marijuana cases can be fought, reduced, or dismissed entirely with the right legal strategy. At Varghese Summersett, our criminal defense attorneys have handled hundreds of drug cases across North Texas, including Denton County. We understand what’s at stake and know how to protect your future.
The State of Marijuana Prosecution in Denton County
In November 2022, Denton voters approved Proposition B, which aimed to decriminalize possession of small amounts of marijuana (under 4 oz) and stop arrests and citations for low‑level possession.
However, the City of Denton has never actually implemented the ordinance because it conflicts with Texas state law, which requires cities to fully enforce state drug laws. The Texas Attorney General sued Denton and several other cities over these ordinances, arguing that local governments cannot override state drug statutes.
As a result, Denton police still have the authority to arrest for marijuana possession, but they have adopted a policy of treating it as a low enforcement priority unless there are aggravating factors (like weapons, DWI, or other serious crimes).
Texas Marijuana Laws: What You’re Actually Facing
Texas treats marijuana possession as a serious criminal offense. Unlike states that have decriminalized or legalized cannabis, Texas still classifies marijuana as a controlled substance under the Texas Health and Safety Code, Chapter 481.
The penalties depend entirely on how much marijuana police claim you possessed. Here’s what Texas law says:
Possession of 2 ounces or less is a Class B misdemeanor. You face up to 180 days in county jail and fines up to $2,000. This is the most common charge we see in Denton County.
Possession of 2-4 ounces jumps to a Class A misdemeanor. Now you’re looking at up to one year in jail and fines up to $4,000.
Possession of 4 ounces to 5 pounds becomes a state jail felony. This means 180 days to 2 years in a state jail facility and fines up to $10,000. A felony conviction changes everything about your future.
Possession of 5-50 pounds is a third-degree felony carrying 2-10 years in prison and fines up to $10,000.
The amounts increase from there, with potential sentences reaching life in prison for possession of more than 2,000 pounds.
THC Concentrates Are Treated Differently
Many people don’t realize that THC vape cartridges, wax, edibles, and other concentrates are not charged the same as flower marijuana. Under Texas law, these products fall under Penalty Group 2, which carries felony charges even for tiny amounts.
Possession of less than one gram of THC concentrate is a state jail felony. That single vape cartridge in your car could mean up to two years in state jail. We’ve seen Denton County prosecutors aggressively pursue these cases, often charging young people who had no idea they were committing a felony.
In 2024, our team defended a University of North Texas student charged with a state jail felony for a THC cartridge found during a traffic stop in Denton. By challenging the probable cause for the search and negotiating with prosecutors, we secured a pre-trial diversion that allowed our client to avoid a felony conviction entirely.
How Denton County Handles Marijuana Cases
Denton County has its own court system, prosecutors, and procedures that differ from neighboring Tarrant and Dallas counties. Understanding how Denton County specifically handles drug cases matters when building your defense.
Misdemeanor marijuana cases are heard in one of the Denton County Courts at Law. Felony cases go to the Denton County District Courts. The Denton County District Attorney’s Office prosecutes all criminal cases, and they have a reputation for taking drug charges seriously.
However, Denton County does offer some alternative programs for first-time offenders. The Denton County First Offender Program may be available for eligible defendants, allowing them to avoid conviction through completion of certain requirements. Not everyone qualifies, and having an attorney advocate for your inclusion can make the difference.
Denton County Drug Court
For defendants struggling with substance abuse issues, Denton County operates a Drug Court program. This specialized court focuses on treatment and rehabilitation rather than punishment. Successful completion can result in dismissed charges. Our attorneys have helped numerous clients gain admission to Drug Court when traditional prosecution would have meant jail time.
Common Defense Strategies for Marijuana Charges
Every marijuana case has potential weaknesses that an experienced attorney can identify and exploit. Here are the defense strategies we use most often in Denton County:
Challenging the Traffic Stop
Most marijuana arrests happen during traffic stops. Under the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23, police must have reasonable suspicion to pull you over and probable cause to search your vehicle. If they didn’t, any evidence they found can be thrown out.
We examine every detail: Was the initial stop lawful? Did the officer have a valid reason to extend the stop? Was there actual probable cause for a search, or did the officer rely on a hunch?
In a recent Denton County case, our attorneys got marijuana evidence suppressed after proving the officer extended a routine traffic stop without reasonable suspicion. The case was dismissed.
Questioning the Search
Even if the stop was legal, the search might not be. Police often claim they smelled marijuana to justify a search. We’ve successfully challenged these claims by showing inconsistencies in officer testimony or demonstrating that the alleged odor couldn’t have been detected under the circumstances described.
Consent searches are another area we scrutinize. Did you actually consent? Was your consent voluntary, or did the officer’s words or actions make you feel you had no choice? Coerced consent isn’t valid consent.
Disputing Possession
Being near marijuana doesn’t automatically mean you possessed it. Under Texas law, the state must prove you knowingly and intentionally possessed the controlled substance. If marijuana was found in a shared space like a car with multiple occupants or a house with roommates, we can argue you had no knowledge of or control over the substance.
Lab Testing Issues
The state must prove the substance is actually marijuana. Since hemp became legal in Texas in 2019, distinguishing illegal marijuana from legal hemp requires lab testing. Many Denton County cases have been affected by testing backlogs and limitations. We investigate whether proper testing occurred and whether the chain of custody was maintained.
Challenging the Weight
How much marijuana you allegedly possessed determines the severity of charges. We verify that the weight was accurately measured, that packaging wasn’t included in the total weight, and that proper procedures were followed.
Consequences Beyond Criminal Penalties
A marijuana conviction doesn’t end when you pay your fine or serve your time. The collateral consequences can affect your life for decades.
- Employment: Most employers run background checks. A drug conviction can cost you job opportunities, especially in healthcare, education, finance, and government.
- Housing: Landlords regularly deny applicants with drug convictions. Public housing programs have strict policies against drug offenders.
- Education: A drug conviction can affect your eligibility for federal student aid. If you’re a UNT, TWU, or NCTC student, a conviction could derail your education.
- Professional Licenses: Many licensing boards deny or revoke licenses for drug convictions. This affects nurses, teachers, lawyers, accountants, and dozens of other professions.
- Driving Privileges: Under Texas Transportation Code § 521.372, a drug conviction triggers an automatic 180-day driver’s license suspension.
- Immigration: For non-citizens, drug convictions can result in deportation, denial of naturalization, or bars on re-entry to the United States.
What to Do After a Marijuana Arrest in Denton County
The steps you take immediately after an arrest can significantly impact your case outcome.
Stay silent. You have the right to remain silent. Use it. Don’t explain, don’t apologize, don’t try to talk your way out of it. Anything you say will be used against you.
Don’t consent to searches. Politely but firmly decline any searches. Say “I do not consent to any searches.” The officer may search anyway, but your refusal preserves your rights for later court challenges.
Document everything. As soon as possible, write down everything you remember about the encounter. What did the officer say? What reason did they give for the stop? Who else was present? These details matter.
Contact an attorney immediately. The earlier an attorney gets involved, the more options you have. Evidence can be preserved, witnesses can be interviewed, and negotiations can begin before formal charges are filed.
Show up to every court date. Missing court results in a warrant for your arrest and makes everything worse. If you can’t make a date, tell your attorney immediately.
Why Choose Varghese Summersett for Your Denton County Marijuana Case
Our criminal defense team brings over 100 years of combined experience to every case. Several of our attorneys are former prosecutors who understand how the other side thinks and operates.
We handle cases throughout North Texas, including Denton, Tarrant, Dallas, and Collin counties. This regional experience matters because we understand how different counties approach drug cases differently.
Our track record speaks for itself. We’ve secured dismissals, reductions, and acquittals in hundreds of drug cases. We’ve helped clients avoid felony convictions, keep their jobs, and move forward with their lives.
When you’re facing marijuana charges in Denton County, you need an attorney who will fight for you. We investigate every angle, challenge every weakness in the state’s case, and negotiate aggressively when it benefits our clients. If trial is the best option, we’re ready. Our attorneys are experienced trial lawyers who aren’t afraid of the courtroom.
Frequently Asked Questions About Denton County Marijuana Cases
Can I get my marijuana charge dismissed in Denton County?
Yes, dismissal is possible depending on your circumstances. First-time offenders may qualify for diversion programs. Cases with Fourth Amendment violations can be dismissed if evidence gets suppressed. We evaluate every case for dismissal opportunities.
Will I go to jail for marijuana possession in Denton County?
Jail is possible but not automatic, especially for first-time offenses involving small amounts. Many misdemeanor cases resolve with probation, fines, or diversion programs. Felony charges carry more serious jail risks, which is why aggressive defense is essential.
How much does a Denton County marijuana lawyer cost?
Legal fees vary based on the complexity of your case, whether it’s a misdemeanor or felony, and whether it goes to trial. We offer free consultations to discuss your case and provide transparent information about costs.
What’s the difference between marijuana and THC concentrate charges?
Marijuana flower is charged based on weight under the Health and Safety Code’s marijuana-specific penalties. THC concentrates (vape cartridges, wax, edibles) fall under Penalty Group 2 and carry felony charges even for small amounts. A single vape cartridge can be a state jail felony.
Can I get my marijuana conviction expunged in Texas?
If your case is dismissed or you’re acquitted, you may be eligible for expunction, which completely erases the record. If you received deferred adjudication, you may qualify for an order of nondisclosure, which seals the record from most public access. Our attorneys can advise you on your eligibility.
Get Help from an Experienced Denton County Marijuana Lawyer Today
A marijuana arrest is scary, but it doesn’t have to define your future. The right defense attorney can challenge the evidence, protect your rights, and fight for the best possible outcome.
At Varghese Summersett, we’ve helped countless clients facing drug charges in Denton County and throughout North Texas. We know the local courts, the prosecutors, and the strategies that work. More importantly, we understand what you’re going through and we’re here to help.
Don’t face these charges alone. Contact us today at (817) 203-2220 for a free consultation. We’ll review your case, explain your options, and start building your defense immediately. The sooner you call, the more we can do to protect your future.
