Marijuana Laws in Houston
IS MARIJUANA ILLEGAL IN HOUSTON TEXAS?
Marijuana is an illegal controlled substance in Houston, Texas. Possession of Marijuana is a criminal offense punishable as a felony with devastating consequences in certain circumstances. However, police will not conduct arrests in possession cases involving small amounts of marijuana in Harris County as a policy decision.
- Is marijuana legal in Harris County Texas? Marijuana is illegal in Harris County, Texas, which means it is a crime to grow, deliver, sell, and possess the substance. Harris County possession cases involving 4 oz or less will result in only a summons and diversion program as local authorities have partially decriminalized petty marijuana offenses.
- Is it legal to smoke marijuana in Texas now? Smoking marijuana remains an illegal offense despite decriminalization measures in Harris County, and throughout Texas. Decriminalization is a policy where law enforcement does not arrest or fully prosecute certain low-level marijuana cases in Texas. This means a person may not be arrested or subject to the full range of punishment in these jurisdictions.
IS MARIJUANA DECRIMINALIZED IN HOUSTON TEXAS?
Low-level marijuana offenses are decriminalized in all of Harris County, including Houston. County authorities have implemented this policy so as to not expend resources in petty possession cases involving 4 oz or less.
- What are the laws on Marijuana in Houston Texas? Marijuana is illegal in Houston even though low-level possession cases are not subject to arrest or full prosecution. Petty cases will result in a judicial summons and a referral to a marijuana diversion program in Houston, Texas.
- Does Houston Texas have dispensaries? There are no legal recreational marijuana dispensaries in Houston, Texas. Medical marijuana dispensaries must comply with all Texas Department of Public Safety (DPS) regulations under the Compassionate Use Program. Learn more.
CAN ANYONE GO TO A DISPENSARY IN HOUSTON TEXAS?
Only Texans with qualifying medical conditions can procure medical marijuana at a dispensary in Texas. Qualifying medical conditions include epilepsy, multiple sclerosis, and spasticity. Minors must be accompanied by a parent or legal guardian. Learn more.
- Is Texas a no tolerance state for Marijuana? Texas permits medical marijuana for individuals diagnosed with certain medical conditions but otherwise bans recreational marijuana use. Marijuana is an illegal substance everywhere in the state although certain jurisdictions have decriminalized petty offenses.
- Does Texas have marijuana license? Texas does not license any recreational use, cultivation, or growth of marijuana. All medicinal marijuana must comply with state requirements under the Compassionate Use Program, which restricts the substance to a limited number of medical diagnoses like epilepsy, multiple sclerosis, and spasticity. Learn more.
CAN YOU HAVE A DISPENSARY IN TEXAS?
Texas authorizes medicinal marijuana dispensaries only as recreational use of the substance is a crime. Possession of Marijauana can result in serious consequences like lengthy jail sentences, high fines, and a permanent criminal conviction.
- Who qualifies for marijuana in Texas? Only Texans diagnosed with certain medical conditions qualify for medicinal marijuana in Texas. These conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and certain incurable neurodegenerative diseases. Learn more.
- Does anxiety qualify for medical marijuanas in Texas? No, anxiety is not a qualifying diagnosis for medicinal marijuana in Texas. Qualifying medical diagnoses include epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and certain incurable neurodegenerative diseases. Learn more.
ARE EDIBLES ILLEGAL IN HOUSTON TEXAS?
Yes, THC edibles are illegal in Houston and everywhere in Texas. Possession of THC edibles will result in felony drug charges even when involving small amounts. This is because THC oil is classified as a more serious substance than leaf marijuana.
- Are edibles in Texas? No, Texas does not permit the use, manufacture, or distribution of THC edibles. Possession of even insignificant amounts of these edibles can result in felony charges. CBD edibles with a THC concentration of less than 0.30 percent are legal in Texas.
- Can you go to jail for edibles in Texas? Yes, possession of any amount of THC edibles is a felony charge in Texas that can result in lengthy prison sentences. This is because THC oil and concentrate is classified as a more severe controlled substance than leaf marijuana.
DOES TEXAS ISSUE MARIJUANA CARDS?
No, Texas does not operate its medicinal marijuana program through cards or permits. Instead, physicians enter prescriptions into a central registry which can then be filed at a licensed dispensary. Learn more.
- How much marijuana is illegal to carry in Texas? It is illegal to carry any amount of marijuana in Texas as it remains a controlled substance even in jurisdictions that do not prosecute petty possession cases. Carrying significant amounts of marijuana can result in felony charges and a lengthy prison sentence.
- Is it legal to buy marijuana in Texas now? No, the purchase of marijuana is a crime everywhere in Texas.
IS MARIJUANA DECRIMINALIZED IN TEXAS YET?
Marijuana is not decriminalized at a state-wide level in Texas. Certain jurisdictions, like Harris County, have decriminalized the substance, which means certain minor possession cases are not subject to arrest or full prosecution.
- Did Texas pass marijuana decriminalization bill? Texas has not passed any marijuana decriminalization bill at the state level. However, many jurisdictions, like Houston, have decriminalized the substance.
- What is low level marijuana possession in Texas? This term typically refers to misdemeanor marijuana possession cases involving 4 oz or less. Many jurisdictions across Texas, like Harris County, do not arrest or fully prosecute low-level marijuana possession cases as a matter of policy.
IS DELTA 8 STILL LEGAL IN TEXAS?
Delta-8 THC is still legal in Texas as of 2023, however its status is subject to ongoing litigation. Individuals seeking to consume this substance should consult an experienced drug law attorney.
- Can Delta 8 make you fail a drug test? Yes, Delta-8 THC will trigger a positive drug result in most drug testing kits, like a urinalysis. Individuals with pending criminal cases should be cautious as any positive drug test can result in a warrant or a probation violation.
- How long does Delta 8 stay in your system? Delta-8 THC can stay in your system for 15-30 days but this will vary among individuals and with frequency of use. Delta-8 THC will cause a person to fail a drug test. Learn more.
WHAT HAPPENS IF YOU GET CAUGHT WITH CBD IN TEXAS?
Individuals caught with CBD are sometimes still arrested for felony THC charges. This is because common police testing kits do not properly discern whether the substance exceeds the legal THC concentration of 0.30 percent.
- Can I bring CBD to Texas? Although CBD is a legal substance under Texas and federal law, transporting the substance across state lines is not recommended. This is because there are very specific regulations about shipping and labeling that can result in serious legal repercussions if not handled properly.
- Is CBD legal in Texas? CBD is legal in Texas and under federal law as of 2023.
IS MARIJUANA A FELONY IN TX?
Possession of Marijuana is a criminal offense that is punishable at every offense level from class B misdemeanor to first degree felony depending on the amount of marijuana involved. A felony marijuana charge can have severe repercussions, including exclusion and expulsion from the military.
- Is Hello Mood legal? Yes, Hello Mood is legal in Texas as long as they contain a THC concentration under 0.30 percent. Hello Mood products may be ordered online.
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.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
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Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
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.
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.
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.
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.
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.
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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