Possession of Marijuana in Texas

In Texas, possession of marijuana refers to the act of knowingly or intentionally having a usable quantity of marijuana, as defined by the Texas Health and Safety Code Section §481.121. The law distinguishes between different amounts of marijuana, with penalties ranging from a Class B misdemeanor for possessing two ounces or less, up to a first-degree felony for possessing more than 2,000 pounds. As with federal law, prosecutors in Texas must be able to show the delta 9 THC concentration is over 0.3% by dry weight.

If you have been charged with possession in Tarrant County, an experienced Fort Worth marijuana lawyer can review the stop, the search, and the lab testing in your case.

Important 2025 Updates

• THC Product Ban VETOED: Governor Abbott vetoed Senate Bill 3 on June 22, 2025, keeping delta-8/delta-9 THC products legal
• Special Session Called: Abbott called a special session beginning July 21, 2025 to regulate (not ban) THC products
• Medical Program Expansion: House Bill 46 expanded qualifying conditions to include chronic pain, Crohn’s disease, and traumatic brain injuries
• Fort Worth Enforcement: Cite and Release program continues for possession under 2 ounces
• License Suspensions: Now require completion of 15-hour Drug Education Program for reinstatement

The Health and Safety Code Section 443.201 recognizes the Agriculture Code definition of hemp. Texas Agriculture Code Section 121.001 says that the Cannabis sativa L plant and any derivative with a “delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” is hemp or a hemp derivative in Texas.

Possession of Marijuana cases are still being filed in many jurisdictions including Fort Worth and Tarrant County, despite increasing decriminalization and legalization throughout the country. Our Fort Worth marijuana lawyer has a proven history of getting many of these charges dismissed. We’ve handled every level of misdemeanor and felony possession of marijuana up to delivery of marijuana charges.

In this article we will discuss the top 9 ways our attorneys have been able to secure exceptional results on marijuana charges, along with critical updates for 2025 that may affect your case.

There’s never been a better time for us to make sure a misdemeanor marijuana case does not create a permanent blemish on your record. If you have been arrested for cannabis possession in Texas, call our Fort Worth marijuana lawyer for help.

Our goal for anyone charged with possession of marijuana is to seek an outcome that does not result in a conviction or jail time. In many cases, we are able to secure outcomes that also make it possible to expunge even the arrest record. You can find dozens of examples of marijuana cases we have had dismissed or no-billed on our results page.

Although the number of possession of marijuana cases filed across the state has been falling over recent years, a conviction for possession of marijuana can result in jail time, a driver license suspension, and carry with it a social stigma that can jeopardize future employment opportunities.

Our skilled lawyers in Fort Worth know how important it is to keep a marijuana conviction off a person’s record. The direct and collateral consequences of such a conviction are severe and archaic. We have successfully defended hundreds of marijuana cases. Some cases are resolved through diversion while others are resolved by good old-fashioned defense work. Some of our strategies, in appropriate cases, involve:

1. Disputing the evidence

Whether prosecutors have any evidence that the substance is marijuana – and not hemp. Since the 2019 hemp legalization, prosecutors must prove THC concentration exceeds 0.3%.

2. Disputing the amount

Whether we are discussing a possession of marijuana case that is a misdemeanor or a felony, the defense has a right to inspect the evidence. In some cases our inspection involves re-testing evidence to see if the substance is actually marijuana and if it falls within the punishment range the prosecutors are seeking. This may mean the difference between a felony and a misdemeanor or a ticket and a charge that can send you to jail.

3. Disputing possession

Prosecutors are taught that possession means care, custody, and control. They are also taught that possession can be actual or constructive and that two people can possess the same thing at the same time. This all boils down to prosecutors being less than receptive to arguments that a person did not possess drugs, for instance, found in his vehicle. That does not mean juries are not receptive to those arguments.

4. Illegal stop

An officer must have reasonable suspicion to stop you. Sometimes we are able to show that the officer did not have any legal basis to stop you and have the evidence obtained as a result of that stop thrown out.

5. Illegal search and seizure

Sometimes officers search a vehicle without obtaining consent, probable cause, or a search warrant. In those cases, we file Motions to Suppress to have the evidence thrown out.

6. Bad dog sniff

While officers are allowed to use canines to sniff cars, there have been many instances where the police officer or dog handler is intentionally or unintentionally telling the dog to alert. It takes time, money, and usually expert testimony to fight this fight, but it is one worth fighting.

7. Prolonged Detention

Officers cannot prolong an otherwise completed stop just to get a drug dog to the scene. In cases involving drug dogs that were not already on site, we see opportunities to attack the evidence and potentially get it thrown out.

8. Chain of custody

If we can show the chain of custody was compromised, there may be a way to win the case. If there was a problem with the first or last link in the chain, the judge may also rule the evidence is inadmissible before we ever get to a jury.

9. Lab and officer issues

If you’ve been following the news, many labs have run into issues with dry-labbing, reporting errors, loss of accreditation, etc. Did you know that over 6,800 officers have been arrested in the State of Texas? We keep records of officer arrests as well as lab issues so that your case is checked for known bad apples.

Senate Bill 3 – THC Product Ban VETOED

In a dramatic late-night decision on June 22, 2025, Governor Greg Abbott vetoed Senate Bill 3, which would have banned consumable hemp products containing any synthetic cannabinoid, including popular delta-8 and delta-9 THC products. This veto was a major defeat for Lt. Gov. Dan Patrick, who called it one of his top five bills in 17 years. Abbott’s veto reasoning:

• The ban would face “valid constitutional challenges” and be tied up in court for years
• It would conflict with the 2018 federal Farm Bill that legalized hemp
• A lawsuit was already filed challenging the bill as unconstitutional
• Abbott instead called for regulation similar to alcohol, not a total ban

Special Session Called: Abbott called lawmakers back for a special session beginning July 21, 2025, to create a regulatory framework that:

• Bars sale and marketing to minors
• Requires testing throughout production
• Allows local governments to prohibit THC stores
• Provides law enforcement with additional funding

This means delta-8, delta-9, and other THC products remain legal in Texas for now, preserving the $4.3 billion industry that employs 53,000 Texans.

House Bill 46 – Medical Marijuana Expansion

The Texas Compassionate Use Program was significantly expanded in 2025 with the passage of House Bill 46. The new law:

• Adds chronic pain, Crohn’s disease, and traumatic brain injuries to qualifying conditions
• Allows for vaporized and aerosol products (vapes) by prescription
• Increases the number of licensed dispensaries from 3 to 12
• Permits off-site storage for medical cannabis businesses
• Takes effect September 1, 2025 (pending Governor’s signature)

The culture surrounding marijuana has a rich lexicon of slang terms that vary from place to place. In Texas, as in many other areas, these terms provide a vernacular tapestry that reflects the diversity of marijuana use and the creativity of its consumers.

How Much?

When it comes to purchasing marijuana, there are a variety of slang terms to specify the amount. A “Dime Bag” refers to a $10 worth of marijuana, which typically equates to about half a gram, depending on the quality. A “Dub Sack” is double that amount, usually one gram. For larger quantities, folks might use terms like “Eighth” (3.5 grams or 1/8 of an ounce), “Quarter” (7 grams or 1/4 of an ounce), “Half” (14 grams or 1/2 of an ounce), and a “Zip” (28 grams or a full ounce).

The Classics

Depending on where you are from, marijuana can be called a number of different terms. Locally this might range from weed, bud, smoke, green, or getting a blunt. The DEA published 246 different words for marijuana on its website, while others have documented over 1,200 words for marijuana. Texas still insists on spelling marijuana as “marihuana” in all its legislation.

Light ‘Em Up

When it’s time to consume, Texan slang gets colorful with phrases like “Get High,” “Torch up,” and “Wake & Bake.” “Have a session” are also part of the regional vernacular, painting a communal picture of marijuana use.

Mix It Up

With the rise of marijuana concentrates, a whole new set of slang has emerged. Terms like “Badder,” “Budder,” “Shatter,” “Wax,” “Dabs,” and “Ear Wax” are commonly used to refer to these potent substances. It’s important to note these don’t get filed as marijuana cases, and instead they get charged as felony THC cases under Penalty Group 2.

Take a Hit

Whether it’s a “Joint,” “Spliff,” “Bong,” or “Roach,” Texans have a multitude of terms for the different methods of marijuana consumption. Other terms like “Banger,” “Doing a Rip,” and “Dabbing” reflect the evolving methods of consumption, including the use of vaporizers and dab rigs.

Feelin’ It?

Finally, describing the effects of marijuana consumption, Texans might say they’re “High,” “Stoned,” “Whacked,” or “Baked.” Each term denotes a different intensity level or aspect of the experience, from the mellow “High as a kite” to the immobilized “Couch-Locked.”

House Bill 1325 made hemp legal in Texas as long as the THC content is .3 percent or less. Hemp and marijuana both come from the cannabis sativa plant. While there are arguable differences in the plant – hemp has leaner leaves while marijuana is a bushier plant – what really sets them apart is the amount of tetrahydrocannabinol (THC), the chemical cannabinoid, in the plant. From a scientific standpoint, as the USDA points out, hemp and marijuana are visually indistinguishable.

For marijuana, THC levels can reach 30 percent, while THC levels in hemp are less than 0.3 percent. While new methods are being developed, they are ripe for challenge and validated tests tend to be expensive. Many local labs have decided not to test for THC concentrations. We use these challenges to our advantage.

Testing Challenges in 2025

The requirement to prove THC concentration exceeds 0.3% continues to create significant challenges for prosecutors. Many counties still lack adequate testing facilities, and the cost of testing can exceed $500 per sample. This has led to dismissals in many jurisdictions where prosecutors cannot meet their burden of proof.

Video: Decriminalization in Fort Worth

To prove a marijuana case in Texas, the prosecutors have to prove there was at least a usable quantity of marijuana seized. In various cases around the state, courts have found two quantities of marijuana that could be titled a “usable quantity.” These include one-half ounce of marijuana, or one hand-rolled cigarette weighing .38 grams. These quantities were established in Carmouche v. State and Andrade v. State, respectively.

Our goals for marijuana charges, especially first-time offenses, are:

• Avoid jail time;
• Avoid a conviction; and
• Resolve the case in a manner that allows for an expunction or nondisclosure down the road.

Possession of Paraphernalia – Class C

A person commits the offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia. (Tex. Health & Safety Code §481.125(a).) Drug paraphernalia may include marijuana seeds, marijuana pipes, marijuana grinders, etc. The punishment for a class C misdemeanor in Texas is a fine of not more than $500, and does not involve any jail time. (Tex. Pen. Code Ann. §12.23.)

Enhancements: Drug-Free Zone (“DFZ”) enhancements increase the punishment range by one level to all the ranges discussed below.

Possession of Marijuana Under Two Ounces

The standard for prosecution for possession of marijuana is whether or not there was a “usable quantity” of marijuana. (This is despite the widespread support to make possession under two ounces a Class C ticket.) If officers claim a usable quantity of marijuana was seized, they will file a Possession of Marijuana under Two Ounce case. This is commonly abbreviated as “POMu2” or “Poss Marij <2 OZ.” Even at this lowest level, which is a Class B misdemeanor, a conviction for possession of marijuana can result in up to six months in jail, a $2,000 fine, court costs, probation, and up to a 180-day driver license suspension.

Possession of Marijuana Two to Four Ounces – Class A

Possession of marijuana is a class A misdemeanor if the amount of marijuana possessed is four ounces or less but more than two ounces. (Tex. Health & Safety Code §481.121(b)(2).) The punishment for a class A misdemeanor in Texas is a sentence of confinement in jail for a term of not more than one year, a fine of not more than $4000, or both. (Tex. Pen. Code Ann. §12.21.)

Possession of Marijuana Four Ounces to Five Pounds – State Jail Felony

Possession of marijuana is a state jail felony in Texas if the amount of marijuana possessed is five pounds or less but more than four ounces. (Tex. Health & Safety Code §481.121(b)(3).) The punishment for a state jail felony in Texas is a sentence of incarceration in the state jail of 180 days to two years, and a fine of not more than $10,000. (Tex. Pen. Code Ann. §12.35.)

Possession of Marijuana Five Pounds to Fifty Pounds – Third Degree Felony

Possession of marijuana is a felony of the third degree in Texas if the amount of marijuana possessed is 50 pounds or less but more than 5 pounds. (Tex. Health & Safety Code §481.121(b)(4).) The punishment for a felony of the third degree in Texas is incarceration in the Texas Department of Criminal Justice ranging from two years to ten years and a fine of not more than $10,000. (Tex. Pen. Code Ann. §12.34.)

Possession of Marijuana Fifty Pounds to 2000 Pounds – Second Degree Felony

Possession of marijuana is a felony of the second degree in Texas if the amount of marijuana possessed is 2000 pounds or less but more than 50 pounds. (Tex. Health & Safety Code §481.121(b)(5).) The punishment for a felony of the second degree in Texas is incarceration in the Texas Department of Criminal Justice ranging from two years to 20 years and a fine of not more than $10,000. (Tex. Pen. Code Ann. §12.33.)

Possession of Marijuana more than 2000 Pounds – First Degree Felony

If a person possesses more than 2000 pounds of marijuana, the punishment is incarceration in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine of not more than $50,000. (Tex. Health & Safety Code §481.121(b)(6).)

This may be one of the most important questions to ask your attorney. The answer should be, “it depends.” If the case is handled properly, and if you get one of the outcomes that allow for expunction, you should be able to get an expunction assuming you have no other violations during the statute of limitations period. Some outcomes like DPP (Deferred Prosecution Program) and other diversion programs also offer paths to an expunction of the charge from your record.

Fort Worth Diversion Programs in 2025

Tarrant County offers several diversion programs for first-time marijuana offenders:

• Deferred Prosecution Program (DPP): Available for many first-time offenders, completion leads to immediate expunction eligibility
• First Offender Drug Program: Requires 3 months of clean drug tests, then dismissal
• Cite and Release: For possession under 2 ounces, avoiding initial arrest

We are looking at all the present and future collateral consequences for this type of charge. It will affect your current and future employment. A possession of marijuana conviction may prevent you from getting student loans. Certainly students on F1 or student visas jeopardize their chances of even staying in the country. So too does any plea to possession of marijuana over 30 grams for any non-citizen including permanent residents and Green Card holders.

Because of these potential consequences, anyone facing marijuana charges should consider reaching out to a skilled attorney in Fort Worth for help.

Driver License Suspension – Updated for 2025

Important changes as of 2025: Texas has updated its driver license suspension rules for marijuana convictions. The current rules are:

• Under 21: Mandatory 1-year suspension for any drug conviction
• 21 or older: 180-day suspension for drug convictions
• New requirement: Must complete a 15-hour Drug Education Program (cost: approximately $90-150)
• Reinstatement fee: $100 plus any outstanding fees
• Occupational license: May be available for work/school/essential duties

Learn more about license suspensions in Texas stemming from marijuana charges.

Legalization of marijuana makes it legal to possess marijuana. States that legalize the possession of marijuana then regulate and tax marijuana, just as sales of alcohol are regulated and taxed.

Decriminalization of marijuana, on the other hand, reduces the penalties for the possession of marijuana. This may come in the form of fines or citations for the possession of marijuana instead of jail time and diversion programs for first-time offenders as an alternative to a jail sentence. Due to these nuances governing marijuana laws, anyone facing charges in Fort Worth could benefit from speaking with an experienced lawyer.

In 2007, the Texas Legislature passed the Cite and Release Law that allows officers to ticket and release someone for certain class B misdemeanors including possession of marijuana. The law is not mandatory and many law enforcement agencies do not routinely take advantage of the Cite and Release provision.

Fort Worth Update: As of 2025, Fort Worth continues to participate in Tarrant County’s Cite and Release program, which began in June 2021. Under this program:

• Officers have discretion to issue citations instead of making arrests for possession under 2 ounces
• Offenders receive a citation to appear before Tarrant County magistrates
• Cases are still filed with the DA’s office for prosecution
• The program aims to reduce jail populations and allow officers to focus on serious crimes

Article 14.06 (c) of the Texas Code of Criminal Procedure provides that a person who is charged with certain misdemeanor offenses, specifically including possession of marijuana up to four ounces, can be given a citation requiring their appearance in court instead of initially being booked-in and arrested on the offense. This does not change the potential punishment range for the offense, instead only avoids the initial arrest.

The purpose of the legislation is to free up officers in the field so that they can handle offenses that are more serious. The law benefits the arrestee by allowing him/her to go home the same day of the offense instead of spending the night in jail. The punishment range is still the same if an arrestee is convicted of the offense. When using the Cite and Release law, officers must determine:

1. Where the arrestee lives, and
2. Whether the arrestee has any warrants.

If the person resides within the county and has no warrants, they are given a field release citation and told to report on a certain date in the future.

Important Points About Cite and Release

Possession of marijuana is still illegal in Texas. The “cite and release” legislation that was passed in 2007 does not eliminate the possibility of jail time as punishment. It merely gives officers the ability to cite a person — or give them a summons to appear in court at a later date — to resolve the charge against them.

Even though the cite and release law has been on the books for over a decade, few Texas cities and counties have actually implemented cite and release programs — but the list is growing. Dallas officials implemented a cite and release program, encouraging officers to cite and release, rather than arrest, people in possession of less than four ounces of marijuana in most circumstances. Houston, Austin and San Antonio are among large cities with similar programs in place.

Cite and release does not decriminalize marijuana possession. Individuals who receive a summons and are released at the scene for a marijuana charge could still end up behind bars. If convicted, the punishment range for any usable amount of marijuana begins at a Class B misdemeanor and goes up to a first-degree felony, based on the amount of marijuana the police find. This means for even the lowest level marijuana charge, jail time is still a possibility.

There are no “fine-only” or ticketable offenses for having a usable amount of marijuana, although possession of drug paraphernalia is a Class C misdemeanor. Citing and releasing individuals accused of certain misdemeanors, including marijuana possession, has been an option since September 1, 2007, when the Texas Code of Criminal Procedure Article 14.06 (c) allowed officers to use cite and release for individuals who:

1. lived in the county where the offense occurred
2. and is charged with:

• Possession of Marijuana under 2 Ounces (Class B)
• Possession of Marijuana between 2 and 4 Ounces (Class A)
• Possession of a Substance in Penalty Group 2-A under Two Ounces (Class B)
• Possession of a Substance in Penalty Group 2-A Two to Four Ounces (Class A)
• Criminal Mischief $100-750 (Class B)
• Graffiti $100-750 (Class B)
• Graffiti $750-2500 (Class A)
• Theft $100-750 (Class B)
• Theft $750-2500 (Class A)
• Theft of Services $100-750 (Class B)
• Theft of Services $750-2500 (Class A)
• Contraband in a Correctional Facility by an Employee or Volunteer
• Driving While License Invalid

Although the legislature has authorized cite and release for all the offenses listed above for over a decade, individuals accused of these offenses continue to be arrested in most counties throughout the state. Individuals do not have a right to be cited and released – instead, the officer has the discretion to cite and release them. Additionally, even counties that have adopted cite and release policies largely focus on cite and release for misdemeanor amounts of marijuana.

Fiscally conservative counties, through the leadership of their elected district attorneys, cooperation of local law enforcement, and approval of county commissioners, have been embracing cite and release to better use the financial resources that are spent on booking, housing, and arraigning individuals charged with these offenses before the cases ever get to court. By taking advantage of this law, cities use their resources to house individuals charged with more serious crimes.

Again, cite and release does not reduce the possible sentence for any offense, including jail time. Cite and release is not available for any felony offense or for any violent offense. Possession of marijuana under two ounces is still punishable by up to 180 days in jail and up to a $2,000 fine. Possession of marijuana between two and four ounces is still punishable by up to one year in jail and a $4,000 fine.

Dallas, Harris, Travis and Bexar Counties are among the small, but growing, list of counties in Texas that have implemented cite and release policies. Dallas County has also started rejecting low-level possession of marijuana cases altogether. It will be interesting to see if cite and release continues to gain momentum in Texas.

Possession and use of cannabis in the form of THC wax, hash oil, edibles, and concentrates has grown since marijuana has been legalized in many states. What can be purchased legally in some states such as Colorado, California, or Nevada would be considered a felony in Texas.

With the exception of select few, low-level products that have been approved for medical use, almost all THC products are illegal in the state of Texas. In general, the law does not allow any amount of THC wax, oil, or concentrate to be in your possession.

THC Concentrate Penalties

THC concentrates are classified in Penalty Group 2, not as marijuana:

• Less than 1 gram: State jail felony (180 days – 2 years)
• 1-4 grams: Third-degree felony (2-10 years)
• 4-400 grams: Second-degree felony (2-20 years)
• Over 400 grams: First-degree felony (5-99 years)

This includes: Vape cartridges, dabs, wax, shatter, edibles, and any THC-infused products

The 2025 Texas legislative session has been marked by significant cannabis policy debates:

What Passed:

• House Bill 46: Medical marijuana program expansion (pending Governor’s signature)

What Failed or Was Vetoed:

• Senate Bill 3: THC product ban – VETOED by Governor Abbott on June 22, 2025
• House Bill 218: Would have reduced possession under 1 oz to Class C misdemeanor
• House Bill 1208/Senate Bill 335: Adult-use legalization proposals

Public Opinion in 2025:

Recent polling shows significant support for marijuana reform in Texas:

• 62% support full legalization
• 69% support decriminalization
• 79% support comprehensive medical cannabis program
• 82% of Texans support medical marijuana (various polls)

Marijuana cases are filed and worked out county by county, and the diversion programs, prosecutors, and dockets differ everywhere. Our team defends marijuana and THC charges across Texas. Talk to a Fort Worth marijuana lawyer, a Dallas marijuana lawyer, a Denton County marijuana lawyer, a Fort Bend County marijuana lawyer, or a Collin County marijuana lawyer today.

Charged over a vape, cartridge, wax, or edible? THC concentrates are not treated as marijuana in Texas — they are a Penalty Group 2 controlled substance, and even a gram can be charged as a felony. If your case involves a concentrate rather than plant marijuana, start with our guide to possession of a controlled substance and call us before you say a word to anyone.

If you’ve been charged with possession of marijuana in any amount in north Texas, call a Fort Worth marijuana lawyer for legal help. The landscape of marijuana laws in Texas continues to evolve, and having experienced legal representation is more important than ever. Our attorneys stay current with all legislative changes and know how to use the latest developments to your advantage.

Don’t let a marijuana charge derail your future. We have the experience and knowledge to fight for the best possible outcome in your case. Call us at (817) 203-2220 today for a free consultation.