March 1, 2022
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney who served as a chief prosecutor and as a felony prosecutor.
Texas has some of the strictest marijuana laws in the nation. Although public polls and politicians have mostly indicated a willingness to decriminalize weed, there is still much work to be done.
With that in mind, the purchase, use, sale, delivery, or manufacture of marijuana in Texas can result in fines, incarceration, probation, and more.
If you’ve been charged with a marijuana-related offense, it’s in your best interest to consult with a proven Houston marijuana crime attorney as soon as possible. Our criminal defense team at Napier Law Firm is aggressive, experienced, and ready to fight for your freedom.
Contact us today at 713-470-4097 for your free initial consultation for first-time marijuana offenses (or subsequent). Continue reading for an overview of weed laws in Houston, Texas.
Possession of Marijuana in Texas
Section 481.121 generally prohibits knowing or intentional possession of a usable quantity of marijuana unless authorized by law. Hemp is excluded from the statutory definition of marijuana. The hemp definition uses no more than 0.3% delta-9 THC on a dry-weight basis, not 0.03%; that threshold alone does not make every THC product lawful.
THC substances other than marijuana are addressed separately in the controlled-substance statutes. Section 481.103 lists chemical forms including:
- Delta-1 cis or trans tetrahydrocannabinol and its optical isomers
- Delta-6 cis or trans tetrahydrocannabinol and its optical isomers
- Delta-3,4 cis or trans tetrahydrocannabinol and its optical isomers
- Compounds of those structures, regardless of the numerical designation of atomic positions
Texas DSHS states that its delta-8 scheduling action took effect July 31, 2026. Its guidance permits only naturally occurring trace amounts from the hemp plant used to make the product. Products labeled to contain delta-8 or containing more than those trace amounts may be detained and referred to law enforcement.
Charges For Illegal Possession of Marijuana
The ordinary marijuana possession grade depends on weight. Location and other legally relevant facts can affect exposure, while delivery is a separate offense with its own rules.
Generally, the punishment for possession of marijuana in Texas is as follows:
- Class B Misdemeanor – Two ounces or less
- Class A misdemeanor: more than two ounces through four ounces
- State jail felony: more than four ounces through five pounds
- Third Degree Felony – More than five pounds, but 50 pounds or less
- Second Degree Felony – 2,000 pounds or fewer, but more than 50 pounds
- First Degree Felony – More than 2,000 pounds
Penalties For Marijuana Possession in Texas
For two ounces or less, the ordinary marijuana possession penalty is a Class B misdemeanor: up to 180 days in jail, a fine up to $2,000, or both. Higher weights carry higher grades. More than 2,000 pounds carries five to 99 years or life in prison and a possible fine up to $50,000.
However, a skilled lawyer for marijuana charges can often argue for decreased or dismissed sentencing. That’s especially true for individuals charged with first-time marijuana possession offenses.
Hemp’s statutory delta-9 THC limit is no more than 0.3% on a dry-weight basis. Product composition and other Texas requirements still matter; a “hemp” label alone does not establish legality.
Texas law permits citation and release for some misdemeanor marijuana possession offenses when the requirements of Article 14.06 are met. This is separate from the hemp definition and is not a guarantee of release. However, individual jurisdictions make their own policies regarding marijuana possession arrests.
Penalties for the distribution, sale, manufacture, and delivery of marijuana are typically much harsher.
Marijuana Laws in Houston, TX
Harris County offers a pre-charge Misdemeanor Marijuana Diversion Program for eligible participants. The program requires eligibility screening and completion of an online education program. People who decline or do not complete it face traditional arrest and charging procedures. It is not a promise that every person possessing four ounces or less will avoid arrest.
It’s important to note that this does not apply to law enforcement in Montgomery County, Galveston County, Fort Bend County, etc. In these areas, first-time marijuana offenders are likely to face the full force of Texas marijuana laws (including potential jail time, fines, and more).
Possession of Hash, Concentrates, & Edibles in Texas
Marijuana possession through four ounces ordinarily falls within misdemeanor brackets. Unlawful possession of a THC concentrate classified in Penalty Group 2 is ordinarily a felony even below one gram. Compliant hemp and properly prescribed products under the Texas Compassionate Use Program require separate analysis.
CBD And Hemp Laws
Texas excludes hemp, as defined by Agriculture Code Section 121.001, from the controlled-substance and marijuana definitions. The delta-9 limit is no more than 0.3% on a dry-weight basis, and other product requirements apply. Commercial hemp transport requirements should not be confused with a blanket rule that every consumer carrying a CBD product needs a hemp certificate.
Texas Medical Marijuana Laws
Under the Texas Compassionate Use Program, qualified physicians may prescribe low-THC cannabis to eligible permanent Texas residents. Current law defines low-THC cannabis by a limit of 10 milligrams of tetrahydrocannabinols per dosage unit, not the article’s former percentage range. Medical use excludes smoking, but it is not limited to swallowing; prescribed pulmonary inhalation has additional requirements.
Qualifying conditions under current law include the following examples. A qualified physician must also determine that the risk is reasonable in light of the potential benefit; diagnosis alone does not complete eligibility.
- Epilepsy
- Cancer, not only terminal cancer
- Autism
- Multiple sclerosis
- Seizures
- Post-traumatic stress disorder, not limited to veterans
- Incurable neurodegenerative disease
The law also includes spasticity, ALS, a condition causing chronic pain, traumatic brain injury, Crohn’s disease or other inflammatory bowel disease, terminal illness or hospice/palliative care, and specified research-program conditions. Lawful possession depends on a valid program prescription and purchase from a licensed dispensing organization; the program does not authorize every THC product.
Contact a Houston Criminal Defense Lawyer Today
Recreational marijuana remains unlawful in Texas. Marijuana, THC concentrates, compliant hemp and prescribed low-THC cannabis are governed by different rules. The product’s actual composition and any applicable authorization matter.
At The Napier Law Firm, we have experience working directly for the Harris County District Attorney’s Office. That means that we are uniquely qualified (as former insiders) to know how marijuana cases are handled in Houston and the best steps to take to mount a solid defense on your behalf.
Whether you’ve been charged with first-time marijuana possession in Texas or multiple, we can help. Contact us today at 713-470-4097 for your free initial consultation with a drug possession lawyer in Houston.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.