Fort Worth Marijuana Lawyer
If you’ve been charged with marijuana possession in Fort Worth, you’re facing a criminal record that can cost you your driver’s license, job opportunities, and in some cases, your freedom. Under Texas Health and Safety Code § 481.121, even possessing less than two ounces is a Class B misdemeanor carrying up to 180 days in jail. The criminal defense attorneys at Varghese Summersett have secured dismissals and reductions in hundreds of marijuana cases throughout Tarrant County. Call (817) 203-2220 for a free consultation.
Marijuana Possession Penalties in Texas
Texas classifies marijuana possession based on weight, and the penalties increase dramatically as the amount rises. Even small quantities can result in jail time, steep fines, and a permanent criminal record.
| Amount of Marijuana | Charge Level | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|
| Less than 2 oz | Class B Misdemeanor | 180 days in jail | $2,000 |
| 2 oz to 4 oz | Class A Misdemeanor | 1 year in jail | $4,000 |
| 4 oz to 5 lbs | State Jail Felony | 2 years in state jail | $10,000 |
| 5 lbs to 50 lbs | Third-Degree Felony | 10 years in prison | $10,000 |
| 50 lbs to 2,000 lbs | Second-Degree Felony | 20 years in prison | $10,000 |
| More than 2,000 lbs | Enhanced First-Degree Felony | Life or 5-99 years | $50,000 |
Beyond incarceration and fines, a marijuana conviction triggers an automatic six-month driver’s license suspension under Texas Transportation Code § 521.372. This applies regardless of whether a vehicle was involved in the offense.
What the Prosecution Must Prove
To convict you of marijuana possession under Texas Health and Safety Code § 481.121, the State must prove three elements beyond a reasonable doubt. You intentionally or knowingly possessed a usable quantity of marijuana.
The term “possession” is where many cases fall apart. Texas Penal Code § 1.07(a)(39) defines possession as “actual care, custody, control, or management.” If marijuana is found in a shared space like a vehicle with multiple occupants or a common area of a residence, proving it belonged to you becomes significantly harder for the prosecution.
The “usable quantity” requirement means the State must prove enough marijuana existed to actually be used as a drug. Trace residue or amounts too small to be smoked typically don’t meet this threshold.
Defenses to Marijuana Possession Charges
Our Fort Worth marijuana defense attorneys have successfully challenged charges using several proven defense strategies. The right approach depends on the specific facts of your case.
Challenging the Traffic Stop or Search
The Fourth Amendment protects you from unreasonable searches and seizures. If police lacked reasonable suspicion to stop your vehicle or probable cause to search, any marijuana discovered may be inadmissible. Common issues include officers claiming to smell marijuana when no odor existed, pretextual stops based on minor traffic infractions, and searches exceeding the scope of consent.
In Texas, the odor of marijuana alone can establish probable cause to search a vehicle under the automobile exception. However, we’ve successfully challenged cases where officers’ claims were inconsistent with other evidence or witness testimony.
Lack of Knowledge or Intent
Texas law requires you to “intentionally or knowingly” possess marijuana. If you genuinely didn’t know marijuana was in your vehicle, bag, or home, you may have a valid defense. This situation commonly arises when borrowing someone else’s car, traveling with passengers, or living with roommates.
Problems with the Evidence
We examine the chain of custody, lab testing procedures, and storage conditions for every case. If the State cannot prove the substance was actually marijuana through proper testing, or if evidence was mishandled, suppression may be possible.
Avoiding a Conviction: Pretrial Diversion and Deferred Adjudication
Not every marijuana case has to end with a conviction. Tarrant County offers several alternatives that can keep your record clean.
First-time offenders charged with misdemeanor marijuana possession may qualify for pretrial diversion. Successful completion results in dismissal, making you eligible for expunction. Your record is wiped clean as though the arrest never happened.
Deferred adjudication probation is another option. You plead guilty, but the court delays entering a conviction. Complete probation successfully, and the charge is dismissed. While this doesn’t qualify for expunction, you may be eligible for a nondisclosure order under Texas Government Code § 411.0715, which seals your record from most public access.
Consequences Beyond Criminal Court
A marijuana charge affects more than your criminal record. Immigration consequences can be severe. Under federal law, any drug offense (including simple marijuana possession) can make noncitizens deportable and bar naturalization. If you’re not a U.S. citizen, speak with an attorney immediately.
Professional licensing boards for nurses, teachers, accountants, and other regulated professions may deny or revoke licenses based on drug convictions. College students risk losing financial aid eligibility under the Higher Education Act. Employers routinely reject applicants with drug convictions, particularly in competitive fields.
Why Choose Varghese Summersett?
Our criminal defense team includes Board Certified specialists in Criminal Law, a distinction held by less than 10% of Texas attorneys. With over 70 team members across offices in Fort Worth, Dallas, Houston, and Southlake, we have the resources to thoroughly investigate and aggressively defend your case.
We’ve handled hundreds of marijuana cases in Tarrant County courts and understand how local prosecutors and judges approach these charges. Our attorneys know when to negotiate and when to take a case to trial. We’ve secured dismissals, reductions, and not-guilty verdicts for clients facing charges ranging from simple possession to large-scale felony cases.
“Varghese Summersett was transparent and ultimately successful in getting my charges dismissed. I cannot thank them enough.” – J. Dotson
Our Fort Worth Office Location
Our Fort Worth office is located three blocks from the Tarrant County Criminal Courts Building in downtown Fort Worth. You’ll find us at One City Place, 300 Throckmorton Street, Suite 700, Fort Worth, TX 76102. We offer free consultations and flexible scheduling to meet with you at your convenience.
What Happens After a Marijuana Arrest in Tarrant County?
Understanding the criminal process helps you know what to expect. After arrest, you’ll be booked at the Tarrant County Jail and typically released on bond within 24-48 hours for misdemeanor charges. Felony cases may require a bond hearing before a magistrate.
Your arraignment will be scheduled in one of the Tarrant County Criminal Courts, where you’ll enter a plea. Most cases then enter a discovery phase where your attorney reviews the evidence, files motions, and negotiates with the prosecutor. Many cases resolve through plea agreements, pretrial diversion, or dismissal. Those that don’t proceed to trial.
The timeline varies significantly. Misdemeanor cases typically resolve within 3-6 months. Felony cases can take a year or longer, depending on complexity.
Contact a Fort Worth Marijuana Defense Lawyer Today
A marijuana charge doesn’t have to derail your future. Early intervention by an experienced defense attorney often produces the best results. We can immediately begin protecting your rights, investigating the circumstances of your arrest, and building your defense strategy.
Call Varghese Summersett at (817) 203-2220 for a free, confidential consultation. Our criminal defense team is available 24/7 to answer your questions and start working on your case.
Frequently Asked Questions About Marijuana Charges in Texas
What is the penalty for first-time marijuana possession in Texas?
First-time possession of less than two ounces is a Class B misdemeanor under Texas Health and Safety Code § 481.121, carrying up to 180 days in jail and a $2,000 fine. However, first-time offenders often qualify for pretrial diversion or deferred adjudication, which can result in dismissal and the opportunity to clear your record.
Can marijuana possession charges be dismissed in Texas?
Yes. Charges may be dismissed for several reasons: constitutional violations during the search or stop, problems with the State’s evidence or chain of custody, successful completion of pretrial diversion programs, or lack of sufficient evidence to prove knowing possession. Our attorneys have secured dismissals in hundreds of marijuana cases.
Will I lose my driver’s license for a marijuana conviction?
Yes. Texas Transportation Code § 521.372 mandates an automatic six-month driver’s license suspension upon conviction for any drug offense, including marijuana possession. This applies even when no vehicle was involved in the offense.
Is marijuana legal in Texas in 2025?
No. Recreational marijuana remains illegal in Texas. While Texas has a limited Compassionate Use Program for certain medical conditions under Texas Health and Safety Code Chapter 487, it only permits low-THC cannabis (less than 1% THC) for qualifying patients. Standard marijuana possession remains a criminal offense.
Can a marijuana charge affect my immigration status?
Yes. Any drug offense, including simple marijuana possession, can have severe immigration consequences. Under federal law, drug convictions can make noncitizens deportable and permanently bar naturalization. If you’re not a U.S. citizen, contact an attorney immediately before making any decisions about your case.
