March 25, 2025
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
As public interest in cannabis-related products grows, so does the risk of criminal charges related to their possession and use. At Napier Law Firm, we specialize in criminal defense, helping individuals navigate THC-related charges, including possession, intent to distribute, and DWI-related offenses. If you are facing criminal charges, you need a dedicated defense attorney on your side. Here’s what you need to know.
Understanding THC and Hemp: Legal Distinctions
THC is the psychoactive component of cannabis. For consumable hemp products in Texas, the delta-9 THC limit is no more than 0.3% on a dry-weight basis. That limit is not blanket permission for every cannabinoid or product. A hemp or CBD label does not establish that the contents meet Texas law.
Texas law on THC products
Texas treats marijuana, compliant hemp products and authorized medical cannabis differently. The product’s contents and the legal authorization matter; a store receipt alone does not resolve a possession charge.
Texas’s delta-8 scheduling change took effect July 31, 2026. Only naturally occurring trace amounts from the hemp plant used to make the product fall within the hemp exception described by DSHS. Products labeled to contain delta-8 or containing more than permitted trace amounts can be detained and referred to law enforcement.
How THC-Related Cases Are Prosecuted
THC-related cases often rely on:
- Field Sobriety and Drug Testing Results: Used to determine impairment in DWI cases.
- Lab Testing: Verifies THC content to distinguish between legal hemp and illegal cannabis.
- Intent Evidence: Text messages, packaging, or cash found at the scene can be used to support distribution charges.
- Prior Criminal Record: Prior convictions may increase penalties in new THC-related cases.
Common THC-Related Criminal Charges
If you are facing THC-related charges, understanding the potential consequences is critical:
- Possession of THC Products: A retail purchase does not establish that a product is lawful. The contents and any applicable legal authorization must be examined.
- Possession with intent to deliver: For a controlled-substance possession-with-intent charge, the State must prove knowing possession and intent to deliver. The substance and amount affect the penalty.
- DWI and Impaired Driving: Law enforcement uses blood and urine tests to detect THC, even if the individual is not actively impaired.
- Paraphernalia charges: Texas law prohibits knowingly or intentionally using, or possessing with intent to use, drug paraphernalia for unlawful controlled-substance activity. A pipe, rolling paper or vape cartridge is not automatically illegal; its intended use and the surrounding evidence matter.
Defending Against THC Charges
At Napier Law Firm, we fight to protect your rights and challenge THC-related charges using the following defenses:
- Unlawful Search and Seizure: If law enforcement conducted an illegal search, we move to suppress the evidence.
- Mistaken Identity of the Substance: Lab testing may show the product contained legal hemp, not illegal THC.
- Medical-use authorization: We review whether the product and possession fall within a Texas statutory authorization. Medical use alone does not establish that authorization.
- Testing procedures: We review the testing records and examine whether the evidence supports the charge.
Frequently Asked Questions (FAQs)
Can I be arrested for carrying Delta-8 THC in Texas?
Yes. Texas’s delta-8 scheduling change took effect July 31, 2026. The hemp exception described by DSHS covers only naturally occurring trace amounts from the hemp plant used to make the product, not a general right to possess delta-8 products sold at retail.
What are my rights if I’m pulled over with THC products?
You can refuse consent to a search. Officers may still search without a warrant if a legal exception applies, such as a vehicle search based on probable cause. Contact an attorney immediately if arrested.
How long do THC-related convictions stay on my record?
A Texas conviction does not disappear with time. Expunction generally is not available for a final conviction. Nondisclosure may restrict public access to eligible records, including some misdemeanor convictions and completed deferred-adjudication cases, but it does not erase them. The offense, disposition and criminal history determine eligibility.
Get the product and charge reviewed
If you are charged over a THC product, bring the charging papers and any product label or testing records you have to your lawyer. The Napier Law Firm can review what the State alleges and the evidence supporting it.
Free THC Criminal Defense Consultation
If you have been charged with a THC-related crime, don’t face the legal system alone. Napier Law Firm is dedicated to defending your rights. Contact us today for a free consultation to discuss your case and start building your defense.
Schedule Your Free Consultation Here
Facing Drug Charges in Texas?
Texas drug laws are some of the strictest in the country. Whether you’re facing drug possession charges, broader drug crime allegations, or a federal drug case, an experienced criminal defense attorney can change the outcome. The Napier Law Firm represents clients in Harris County, Montgomery County, Fort Bend County, and across Texas. Contact us for a free consultation.