Marijuana Laws in Austin
IS MARIJUANA LEGAL IN AUSTIN TEXAS?
Marijuana is not legal in Austin, Texas. Although Travis County authorities may not prosecute low level possession offenses, marijuana remains an illegal controlled substance. Additionally, certain marijuana charges can result in lengthy prison sentences, costly fines, and a devastating, permanent criminal conviction. Learn more.
- Is Marijuana legal in Austin, Texas for recreational use? Recreational marijuana use is prevalent but remains illegal in Austin, Texas. Marijauna users are subject to citation, arrest, and criminal prosecution. Marijuana vape use results in increased felony charges with lengthy prison sentences. Learn more.
- Did Austin decriminalize Marijuana? Austin decriminalized petty marijuana cases involving small amounts. This means Austin Police will not arrest or issue citations for these marijuana cases. However, serious cases involving greater marijuana quantities will lead to criminal prosecution. Learn more.
IS TEXAS DECRIMINALIZING MARIJUANA?
No, the Texas legislature has not decriminalized marijuana. There is an active statewide marijuana decriminalization movement that has not affected any substantial change in legalization policy.
- Is recreational marijuana legal in Austin, Texas? Recreational marijuana is not legal in Austin, Texas. Travis County law enforcement will confiscate small quantities of marijuana and arrest individuals for more serious possession charges. A possession of Marijuana conviction carries severe consequences such as loss of job opportunities and ineligibility for the military. Learn more.
- Are edibles illegal in Austin? THC edibles are illegal in Austin as they are throughout the rest of Texas. Possession of THC edibles is a felony carrying lengthy prison sentences and costly fines. Learn more.
CAN I BUY MARIJUANA IN AUSTIN?
No, it is illegal to purchase or sell marijuana in Austin. Texans diagnosed with a qualifying medical condition may meet criteria for medicinal marijuana under the state’s Compassionate Use Program. However, these prescriptions must be filled at a licensed dispensary and are not available for recreational use.
- Can anyone go to a dispensary in Texas? No. Only those Texans with eligible medical conditions qualify for medicinal marijuana from a licensed dispensary under the state’s Compassionate Use Program. These medical conditions include epilepsy, multiple sclerosis, and spasticity. Learn more.
- Can you have a dispensary in Texas? Recreational marijuana dispensaries are illegal in Texas. Medicinal marijuana dispensaries must meet all criteria as promulgated by Texas Department of Public Safety’s Compassionate Use Program. Learn more.
CAN YOU SMOKE IN AUSTIN?
It is illegal to smoke marijuana in Austin. This ban includes medicinal marijuana as it is designed to be ingested, not smoked.
- Can you get a medicinal marijuana card in Austin Texas? Medicinal marijuana is legal and available in Austin but is dispersed through the state’s Compassionate Use Registry not through medical marijuana “cards.” Licensed physicians will enter a prescription into the registry, which allows a patient to then get the prescription filled at any licensed dispensary. Learn more.
- Can you smoke on the street in Austin? No, it is illegal to smoke marijuana on Austin streets or anywhere else in Travis county. Possession of Marijauna is a criminal offense that can result in a lengthy jail sentence and permanent criminal conviction in some instances. Learn more.
WHEN DID AUSTIN BAN SMOKING?
Smoking marijuana has been illegal in Austin for its entire history. Austin first imposed a citywide smoke free law for tobacco in nearly all public places including bars and restaurants in 2005.
- Can I smoke in Austin airport? Smoking marijuana is illegal at Austin-Bergstrom International Airport. Tobacco smoking is also illegal in the airport except in designated zones around the Barbara Jordan Terminal. Learn more.
- Can you fly to Texas with a vape? No, it is illegal to transport THC vape products into Texas. This conduct can lead to serious state felony charges as well as federal prosecution.
IS VAPING ALLOWED IN AUSTIN?
Vaping THC products is illegal in Austin. THC oil is classified under a different controlled substance group to leaf marijuana and is therefore subject to higher penalties. THC oil possession is a felony offense with a lengthy prison sentence, and costly fines. Learn more.
- Is vaping a felony in Texas? Yes, possession of THC vaping oil is a felony offense in Texas. Texas classifies THC oil as a more serious controlled substance than leaf marijuana. Any detectable, usable amount of THC oil will result in felony criminal charges.
CAN YOU STILL SMOKE IN A BAR IN TEXAS?
It is illegal to smoke marijuana in all Texas bars as marijuana is an illegal substance under state and federal law. However, tobacco bans differ throughout Texas and individual bars may pursue their own policies on this front.
- Can I smoke in my car in Texas? It is illegal to smoke marijuana in any car in the state as marijuana is an illegal substance under state and federal law.
- Where is smoking allowed in Texas? Smoking marijuana is illegal everywhere in Texas, even in those jurisdictions that have decriminalized petty cases. Texas medicinal marijuana is manufactured for ingestion not for smoking. Many jurisdictions also ban tobacco smoking in public places, though these policies vary throughout the state.
WILL DELTA 8 TEST POSITIVE IN AUSTIN?
Yes, Delta-8 contains THC levels that will trigger a positive result on tests checking for presence of the substance such as a Urinalysis (UA). Importantly, a positive UA can trigger a warrant for Texans with pending criminal charges, or a revocation for those on probation. Learn more.
- How long does Delta 8 stay in your system in Austin? Delta-8 THC can remain in a person’s system for 15-30 days in some cases. However, this length and duration is highly dependent on several factors, including a person’s history of use and metabolism.
- Is Delta 8 still legal in Austin Texas? Delta-8 THC is legal in Austin and Texas as of 2023 though its legality remains subject to litigation. Texans seeking to consume Delta-8 THC should consult an experienced Austin drug lawyer. Learn more.
IS HELLO MOOD LEGAL IN AUSTIN?
Hello Mood products containing a THC concentration lower than 0.30 percent are legal in Austin. Learn more.
- What happens if you get caught with CBD in Austin Texas? Police may still conduct an arrest for possession of legal CBD products. This is because common THC testing kits will read the low level THC in these products and return a positive result. More stringent testing is required to determine whether the product has a THC concentration greater than the legal threshold of 0.30 percent.
IS MARIJUANA LEGAL IN AUSTIN TEXAS IN 2023?
Marijuana is illegal in Austin as of 2023. Though the city has decriminalized petty possession cases involving small quantities, marijuana remains an illegal controlled substance. Possession of Marijauna can even be prosecuted at the felony level to devastating consequences. Learn more.
- Is it legal to smoke marijuana in Austin Texas now? It is not currently legal to smoke marijuana in Austin. Austin Police officers will only confiscate small marijuana quantities pursuant to local decriminalization policies. However, more serious marijuana cases still remain subject to criminal prosecution. Learn more.
WHAT CLASS IS MARIJUANA IN AUSTIN TEXAS?
Possession of Marijuana is punishable at every offense level from class B misdemeanor to first degree felony depending on the weight of the marijuana involved. Learn more.
- What states have legal marijuana? The most popular states with legal recreational marijuana include California, Colorado, and Nevada. These states already had a popular tourism industry that has been bolstered by marijuana legalization.
- What is low level marijuana in Austin? “Low-level marijuana” can refer to marijuana cases involving small amounts that are not subject to prosecution in Austin. The term can also refer to low-THC marijuana that is made specifically for medicinal purposes pursuant to the state’s Compassionate Use Program. Learn more.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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