Marijuana is still illegal under Texas law, and a charge in Fort Bend County can follow you for years. The good news: these cases are defensible, and the right attorney can make a big difference in how yours turns out.
Why You Need a Fort Bend County Marijuana Lawyer
Texas has not decriminalized marijuana. Even a small amount can result in a criminal record that affects your job, your housing, and your future. Knowing exactly what you’re facing — and who is in your corner — matters from day one.
At Varghese Summersett, our criminal defense team brings more than 100 years of combined experience to cases like yours. The firm has secured over 1,600 dismissals and more than 800 charge reductions across Texas. Our team includes five board-certified attorneys — a distinction the Texas Board of Legal Specialization awards only to lawyers who pass a rigorous examination and demonstrate deep experience in their field.
Leading our Houston-area practice is Mike Hanson, Senior Counsel and Area Lead for the Houston office. Mike is Board Certified in Juvenile Law and brings a rare combination of experience: he served as an Assistant District Attorney in both Tarrant County and Fort Bend County, tried more than 60 cases before a jury, and continues to serve in the U.S. Army Reserve JAG Corps. He knows Fort Bend County’s courts from the inside.
Our attorneys have been featured in major media outlets across Texas and have earned top-tier recognition, including Super Lawyers designations, Best Lawyers in America listings, and national trial lawyer awards. When Fort Bend County prosecutors build a marijuana case against you, we build your defense.
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What People Ask About Fort Bend County Marijuana Charges
When someone is charged with marijuana possession, the same questions come up over and over. Here are the ones we hear most often at Varghese Summersett.
Is marijuana legal in Texas?
No. Texas has not legalized marijuana for recreational or medical use. Even a small amount can result in a criminal charge. Delta-8 and other hemp-derived products can also create legal complications depending on THC concentration. If you’re unsure whether what you had is legal, talk to an attorney before assuming anything.
Will I go to jail for a first marijuana offense in Fort Bend County?
Not necessarily — but it is possible. Jail time depends on the amount, your prior record, and the specific facts of your case. Many first-time offenders qualify for diversion programs or deferred adjudication. A skilled attorney can often steer a case toward an outcome that keeps you out of jail and off your permanent record.
Can a marijuana charge be dismissed in Fort Bend County?
Yes. Varghese Summersett has secured dismissals in marijuana cases by challenging illegal searches, questioning the chain of evidence, and exposing weaknesses in the lab testing process. No outcome can be guaranteed, but these cases can and do get dismissed.
What’s the difference between possession and delivery charges?
Possession means you had marijuana for your own use. Delivery means prosecutors believe you transferred or intended to transfer marijuana to someone else. Delivery is charged more seriously than possession, even if the amount is small. The charge you face shapes your entire defense strategy.
Texas Law: What the Prosecution Must Prove
Marijuana possession is governed by the Texas Health & Safety Code § 481.121. To convict you, the State must prove each of the following elements beyond a reasonable doubt:
- You knowingly or intentionally possessed a substance
- That substance was marijuana (as defined under Texas law)
- You knew it was marijuana
- The amount falls within a specific weight range that determines the charge level
The burden of proof rests entirely on the State. You do not have to prove your innocence. If the prosecution cannot prove every element beyond a reasonable doubt, you are entitled to an acquittal. “Beyond a reasonable doubt” is the highest standard in our legal system — it means the jury must be firmly convinced of your guilt, not merely persuaded that it is probable.
Delivery of marijuana is governed by Texas Health & Safety Code § 481.120. For delivery, the State must also prove that you transferred, or attempted or offered to transfer, marijuana to another person.
Penalties for Marijuana Possession in Texas
The severity of the charge depends almost entirely on the amount you allegedly possessed. Under Texas law, the penalties range from a Class B misdemeanor for the smallest amounts to a first-degree felony for large quantities.
- Under 2 ounces: Class B misdemeanor — up to 180 days in county jail, up to $2,000 fine
- 2 to 4 ounces: Class A misdemeanor — up to 1 year in county jail, up to $4,000 fine
- 4 ounces to 5 pounds: State jail felony — 180 days to 2 years in state jail, up to $10,000 fine
- 5 to 50 pounds: Third-degree felony — 2 to 10 years in prison, up to $10,000 fine
- 50 to 2,000 pounds: Second-degree felony — 2 to 20 years in prison, up to $10,000 fine
- Over 2,000 pounds: First-degree felony — 5 to 99 years or life in prison, up to $50,000 fine
These are statutory maximums. The consequences don’t stop there. A marijuana conviction — even a misdemeanor — can result in the suspension of your driver’s license, difficulty passing background checks for jobs or apartments, loss of financial aid eligibility, and immigration consequences for non-citizens.
Typical Bond Amounts for Marijuana Charges in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County, here is what bond typically looks like for marijuana possession charges:
| Charge Level | Typical Bond Range | Most Common Bond |
|---|---|---|
| Possession under 2 oz (Class B Misdemeanor) | $500 – $2,500 | $500 |
| Possession 2–4 oz (Class A Misdemeanor) | $1,000 – $5,000 | $1,000 |
| Possession 4 oz – 5 lbs (State Jail Felony) | $2,000 – $10,000 | $5,000 |
| Possession 5–50 lbs (Third-Degree Felony) | $10,000 – $75,000 | $50,000 |
| Possession 50–2,000 lbs (Second-Degree Felony) | $100,000 | $100,000 |
Bond amounts depend on your criminal history, ties to the community, and the facts of your case. A Fort Bend County judge has discretion to set bond above or below these amounts. An experienced attorney can argue for a lower bond and, in some cases, a personal recognizance release.
Common Defenses to Marijuana Charges in Fort Bend County
Every element the State must prove is also a potential target for your defense. Here is how each can be challenged:
Unlawful Search and Seizure
The Fourth Amendment protects you from unreasonable searches. If police found marijuana during a traffic stop, a pat-down, or a search of your home without a valid warrant or recognized exception, any evidence they found may be suppressible. When evidence is suppressed, the charge often cannot proceed. This is one of the most powerful defenses in marijuana cases.
Lack of Knowing Possession
Prosecutors e must prove you knew you had marijuana. If the marijuana was in a shared space — a car you borrowed, a bag someone else left, a common area — prosecutors may struggle to prove you had actual knowledge of it. This is called constructive possession, and it is frequently contested.
Identity of the Substance
Not everything green and leafy is marijuana under Texas law. Hemp and CBD products are legal if they contain less than 0.3% THC. The State must test the substance and prove it meets the legal definition of marijuana. Lab testing is not infallible, and the chain of custody for evidence must be preserved perfectly.
Chain of Custody Errors
Evidence must be properly collected, labeled, stored, and transported. Any break in the chain of custody creates doubt about whether the substance tested is the same one taken from your possession. Defense attorneys scrutinize lab reports and handling procedures for exactly these kinds of problems.
Weight Disputes
The charge level is determined by weight. If the alleged amount is close to a threshold — say, 1.9 ounces versus 2.1 ounces — contesting the weight measurement can mean the difference between a misdemeanor and a more serious charge. Lab scales can be miscalibrated, and protocols for weighing must be followed precisely.
The Legal Process: What to Expect After a Marijuana Arrest in Fort Bend County
If you were arrested for marijuana in Fort Bend County, your case will move through the Fort Bend County Justice Center in Richmond. Here is a general overview of how these cases typically proceed.
Arrest and Booking
After your arrest, you will be processed at the Fort Bend County Jail. You will be photographed, fingerprinted, and assigned a case number. At this point, bond may be set by a magistrate. Calling an attorney as early as possible — before you talk to investigators — is the single most important step you can take.
First Appearance / Arraignment
You will appear before a judge or magistrate who will formally inform you of the charges and confirm your bond.
Pre-Trial Investigation and Motions
Your attorney will obtain all discovery from the prosecution: police reports, body camera footage, lab results, and the chain of custody documentation. If there are grounds to suppress evidence, a motion to suppress will be filed and argued before a judge. Many marijuana cases are resolved or significantly reduced at this stage — before any trial ever takes place.
Negotiations and Diversion Programs
Fort Bend County offers diversion options for eligible defendants, including deferred adjudication and drug offender education programs. These pathways can result in no conviction on your record if you complete the terms. Whether you qualify, and whether pursuing one of these options is your best move, depends on your specific facts. Your attorney should explain all available options clearly.
Trial
If the case does not resolve through dismissal, reduction, or a diversion program, it goes to trial. At trial, the State bears the burden of proving every element of the offense beyond a reasonable doubt. You have the right to a jury trial. If the jury is not convinced beyond a reasonable doubt, the verdict must be not guilty.
For more detail on how the probation process works in Texas — including deferred adjudication — our attorneys have put together an in-depth resource.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to defend a Fort Bend County marijuana charge, here is what that actually looks like in practice.
You will speak with an attorney from the beginning. Your case will be evaluated honestly, including the strengths and weaknesses of the State’s evidence. If there is a motion to suppress worth filing, we file it. If there is a diversion program worth pursuing, we pursue it. If the case needs to go to trial, we try it.
Mike Hanson, who leads our Houston-area team, previously prosecuted cases in Fort Bend County itself. That experience means he knows the local courts, the local culture, and how Fort Bend County prosecutors tend to approach drug cases. That kind of local knowledge is not something you can get from a firm that is simply licensed in Texas.
Our firm has helped clients throughout Fort Bend County — from Sugar Land and Missouri City to Richmond and Rosenberg — navigate the criminal justice system. We are available around the clock, seven days a week, because arrests do not happen on a schedule. To speak with someone about your case, call (281) 805-2220 at any time.
You can also read more about our approach to marijuana possession defense across Texas and find out more about our Fort Bend County criminal defense practice.
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Frequently Asked Questions: Fort Bend County Marijuana Charges
Can I get a marijuana charge expunged in Texas?
If your case was dismissed or you were acquitted, you may be eligible for an expunction — meaning the arrest is erased from your record. If you completed deferred adjudication, you may qualify for a nondisclosure, which seals the record from public view. The path to clearing your record depends on the outcome of your case. Your attorney should discuss this with you as part of planning your overall strategy.
What happens if I had marijuana in my car during a traffic stop in Fort Bend County?
The legality of the stop and any subsequent search will be the first thing your attorney examines. If police exceeded what the law allows — for example, conducting a full search without a valid basis — the evidence may be suppressed. The fact that marijuana was found in your car does not automatically mean a conviction.
Does the amount of marijuana affect the outcome of my case?
Yes, significantly. The weight determines the charge level, the potential penalties, and often the prosecution’s approach. An attorney should scrutinize the weight measurement in every case, especially when the amount is close to a threshold between charge levels.
Will a marijuana conviction affect my immigration status?
Potentially, yes — and in serious ways. Drug convictions, including marijuana, can trigger immigration consequences including removal proceedings and bars to lawful status. If you are not a U.S. citizen, this issue should be addressed with your attorney immediately. Do not accept any plea before understanding the immigration impact.
Are edibles and THC concentrates treated the same as marijuana in Texas?
No. Edibles, oils, waxes, and concentrates containing THC are classified as controlled substance Penalty Group 2, not as marijuana. This generally results in more serious charges for the same or smaller amounts. A small amount of a THC concentrate can trigger a felony charge that would only be a misdemeanor for the equivalent weight of plant material.
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A marijuana charge in Fort Bend County does not have to define the next chapter of your life. The attorneys at Varghese Summersett have the experience, the local knowledge, and the commitment to fight for the best possible outcome in your case. Reach our Houston-area team any time at (281) 805-2220 — or use the chat tool above to get answers right now.
