Marijuana Laws in Texas
WHAT IS THE CURRENT TEXAS LAW ON MARIJUANA?
Marijuna remains illegal under Texas state law. Marijuana is any derivative of the cannabis plant with a tetrahydrocannabinol (THC) concentration over 0.30 percent. Possession of Marijuana is a criminal offense with a punishment that ranges accordingly:
- Possession 0 to 2 oz: Class B misdemeanor punishable by a maximum 6 month jail sentence and a maximum $2,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 2 to 4 oz: Class A misdemeanor punishable by a maximum 1 year jail sentence and a maximum $4,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 4 oz to 5 lbs: State Jail felony punishable by a 6 month to 2 year jail sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 5 lbs to 50 lbs: third degree felony punishable by a 2 to 10 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 50 lbs to 2,000 lbs: second degree felony punishable by a 2 to 20 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession over 2000 lbs: first degree felony punishable by a term of imprisonment of 5 to 99 years or life and a maximum $50,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Is recreational marijuana legal in Texas? Recreational marijuana is not legal in Texas. It is a crime to smoke, possess, and sell marijuana. Even a first-time offense can result in lasting and damaging criminal consequences such as a loss of job opportunities and dismissal from the military. Learn more.
- What is the marijuana policy in Texas? Marijuana remains illegal under Texas law. There is an active movement for decriminalization in the state that has not resulted in legislative change. Despite these factors, some Texas jurisdictions do not arrest or prosecute possession of miniscule amounts of marijuana.
IS TEXAS A NO TOLERANCE STATE FOR MARIJUANA?
Possession of any usable quantity of marijuana is subject to arrest and criminal prosecution in Texas, though there is some debate as to what constitutes a “usable quantity.” An experienced drug possession defense can maneuver these nuances to beat a marijuana case in Texas. Texans with certain medical conditions may otherwise access medical marijuana through the state’s Compassionate Use Program (CUP). Learn more.
- Can anyone go to a dispensary in Texas? Only Texans with valid prescriptions can procure medical marijuana at a Texas dispensary. Patients under 18 must be accompanied by a legal guardian. Medical marijuana is limited to Texas patients diagnosed with certain conditions like epilepsy, multiple sclerosis, and spasticity. Learn more.
- What states near Texas have recreational dispensaries? New Mexico and Colorado are the closest states to Texas with recreational marijuana dispensaries. However, Texas law enforcement officers are very aware of this fact and conduct heavy patrols on the main roadways leading back from these states. Individuals traveling on these thoroughfares are frequently subject to pretext stops and searches. Learn more.
WILL DELTA 8 TEST POSITIVE IN TEXAS?
Yes, Delta-8 usage will result in a positive result in drug tests checking for THC presence, such as a urinalysis (UA). Individuals on bond or probation for a Texas criminal case should be mindful of this as any positive drug test can result in a bond revocation or a probation violation. Learn more.
- Is it legal to buy recreational marijuana in Texas? It is illegal to buy recreational marijuana in Texas. Possession of Marijuana is a criminal offense in Texas that can result in a lengthy prison sentence, a driver’s license suspension, and a debilitating criminal conviction. A felony Marijuana charge can also permanently restrict gun rights in Texas. Learn more.
- Is marijuana decriminalized in Texas yet? No, despite an active legalization movement, marijuana remains illegal in Texas with some concessions for individuals diagnosed with certain medical conditions. Possession of marijuana is a criminal offense with far-reaching consequences.
IS DELTA 8 STILL LEGAL IN TEXAS?
As of 2023, Delta-8 THC is legal in Texas, though its status is subject to active litigation seeking to criminalize the substance. Therefore its continued legality is very much up in the air. Individuals seeking to purchase or use Delta-8 THC should consult an experienced drug lawyer for guidance. Learn more.
- Is marijuana legal in Texas 2023? Marijuana is not legal in Texas as of 2023. Marijuana is a criminal substance punishable by lengthy prison sentences in some cases. The consequences are severe, even for a first-time offense involving small quantities.
- Does Texas require a medical marijuana card? The Texas Compassionate Use Program (CUP) does not operate through medical marijuana cards. Registered physicians instead issue prescriptions that are subsequently entered into the CUP Registry of Texas (CURT). A Texas patient can then get their medical marijuana prescription filled at any licensed dispensary. Learn more.
IS MARIJUANA POSSESSION A FEDERAL CRIME IN TEXAS?
Yes, marijuana possession is prosecuted in both federal and state courts in Texas. Federal marijuana cases generally involve foreign trafficking, organized criminal organizations, and contraband crossing state lines. Federal authorities also exercise jurisdiction over simple possession cases occurring on federal property like military bases. Learn more.
- In what states is marijuana decriminalized? There are active decriminalization efforts underway in many states throughout the country, with legalization occurring with regularity. As of 2023, the most prominent jurisdictions that have legalized marijuana include California, Nevada, Oregon, Colorado, Virginia, and the District of Columbia.
- Is CBD legal in Texas? Yes, CBD with a THC concentration below 0.30 percent is legal in Texas. CBD is a natural derivative of the cannabis plant which is distributed in oils, creams, and edibles. CBD is a popular product in the alternative health and wellness market.
IS MARIJUANA FEDERALLY LEGAL?
No, Marijuana is illegal at the federal level and at the state level in Texas. The possession or sale of marijuana is subject to severe criminal penalties, including lengthy prison sentences and substantial fines.
- Is Delta 10 legal in Texas? Hemp-derived Delta-10 with a THC concentration below 0.30 percent is legal in Texas.
- Did Texas House Bill 1805 pass? Texas House Bill 1805 permits the prescription of medical marijuana to Texans suffering from chronic pain. This bill passed the house and is awaiting further action in the senate as of May 1, 2023.
DOES TEXAS ALLOW OUT OF STATE MEDICAL MARIJUANAS?
Medical Marijauna under the state CUP requires a person to be a permanent Texas resident and have a qualifying medical diagnosis. Additionally, Texas medical marijuana contains under 0.50 percent THC and is swallowed instead of smoked. Users who do not meet these guidelines are subject to arrest and criminal prosecution. Learn more.
- What state has best dispensaries? The quality of a state’s dispensaries is a matter of personal preference. States like California and Nevada boast a booming marijuana tourism industry and robust dispensaries.
- Can dispensaries ship to Texas? No, marijuana cannot be legally shipped to Texas. Marijauna is illegal in Texas except for medical low THC varietals produced consistent with state laws and regulations. Learn more.
WHAT HAPPENS IF YOU GET CAUGHT WITH CBD IN TEXAS?
People caught with legal CBD may still be arrested and criminally charged. This is because legal CBD products contain low-level THC that will return a positive result on common police kits that test only for the presence of THC as opposed to checking for a legal concentration. Texans arrested for possessing legal CBD products should contact an experienced drug lawyer for guidance. Learn more.
- Do you go to jail for marijuana in Texas? People are arrested and charged with marijuana offenses everyday in Texas courts. Marijuana is an illegal substance under state and federal law. Individuals charged with selling or possessing marijuana are subject to and regularly sentenced to lengthy prison sentences in certain cases.
- Can you have a dispensary in Texas? It is illegal to own or operate a recreational marijuana dispensary in Texas. Medical marijuana dispensaries must meet all CUP rules and regulations as promulgated by the Texas Department of Public Safety. Learn more.
IS HELLO MOOD LEGAL IN TEXAS?
Hello Mood products containing under 0.30 percent THC are legal in Texas. Hello MooD products may be ordered online.
- How much is a bond for possession of marijuana Texas? Bond amounts vary throughout Texas and among the different-level marijuana offenses. Low-level, first-time offenders may qualify for a personal recognizance (PR) bond where the only requirement is a promise to appear in court. Serious offenses are subject to bonds of several thousand dollars.
- How many Texans are in jail for marijuana? There are several thousand Texans serving prison time for marijuana possession charges in Texas.
WHAT IS THE CHARGE FOR FIRST TIME DRUG POSSESSION IN TEXAS?
The charge for first-time drug possession in Texas is determined by the weight, amount, and classification of drugs involved. Drug possession charges are punishable at every offense level under the Texas Penal Code and carry lengthy prison sentences and costly fines. Learn more.
- Will you test positive for Delta 9? Yes, using Delta-9 will return a positive result in drug tests checking for THC presence, such as a urinalysis (UA). Individuals on bond or probation for a Texas criminal case should be mindful of this as any positive drug test can result in a bond revocation or a probation violation. Learn more.
WHAT HAPPENS IF YOU GET CAUGHT WITH A DAB PEN IN TEXAS?
Possession of a dab pen will result in felony drug charges in Texas, even when involving small amounts. This is because the Texas Controlled Substances Act distinguishes between leaf marijuana and concentrated THC oils that impose higher penalties. Learn more.
- How many grams is a felony in Texas? Marijuana possession is punishable as a felony when involving at least 113.398 grams, or 4 oz. Many other controlled substance possession charges are felonies at any usable quantity. Learn more.
- What is the average sentence for marijuana possession in the United States? Marijuana possession sentences vary widely across the nation. States impose different punishment levels depending on the amount of marijuana involved and the circumstances of the offense. Additionally, Marijuana is legal in many American jurisdictions.
CAN COPS TEST VAPE PENS IN TEXAS?
Yes, cops can test vape pens in Texas. Police officers typically use field testing kits that check for the mere presence of THC during an initial investigation and arrest. The vape pen cartridges are often subject to further testing to confirm they contain an illegal THC concentration over 0.30 percent.
- What happens if you get caught with a bong in Texas? Possession of any marijuana smoking apparatus, like a bong, will result in Possession of Drug Paraphernalia charges in Texas. Possession of Drug Paraphernalia is a class C misdemeanor punishable by a maximum $500 fine and a potentially devastating criminal conviction. Learn more.
IS HASH OIL A FELONY IN TEXAS?
Yes, the Texas Controlled Substances Act mandates that possession of any discernible amount of THC oil or THC wax is punishable as a felony offense in Texas. Even amounts smaller than one gram are subject to State Jail felony charges, with a 6 month to 2 year term of confinement and a maximum $10,000 fine. Learn more.
- What are the Texas state smoking laws? Recreational marijuana smoking is illegal in every part of Texas, even in jurisdictions that don’t prosecute petty possession charges. Additionally, under the state’s Compassionate Use Program (CUP), medical use of these substances is limited to swallowing, not smoking, the prescribed doses. Learn more.
HOW CAN COPS TELL YOU ARE HIGH IN TEXAS?
Many Texas police officers are certified Drug Recognition Experts (DRE). Qualified officers use DRE investigative techniques to determine whether an individual is intoxicated due to a controlled substance. However, these techniques are frequently applied incorrectly and are subject to suppression by a skilled legal defense. Learn more.
- What happens if you get pulled over high in Texas? Motorists visibly under the influence of Marijuana are subject to investigative detention, arrest, and DWI charges in Texas. DWI is the resulting offense when an individual operates a motor vehicle while not having the normal use of their mental or physical faculties due to the introduction of drugs or alcohol. DWI is a severe criminal offense in Texas that carries devastating consequences. Learn more.
- Can you smoke and drive in Texas? Smoking marijuana is illegal in any place and at any time in Texas, including while operating a motor vehicle. Smoking marijuana while driving can lead to a DWI charge, a lengthy jail sentence, a driver’s license suspension, and a permanent criminal conviction. Learn more.
CAN YOU DRIVE WHILE HIGH IN TEXAS?
No, it is illegal to drive while high in Texas. Driving while high is punishable as DWI, a severe criminal offense with disastrous consequences. DWI is even punishable as a felony in certain circumstances. Learn more.
- Can you smoke in your house in Texas? Smoking marijuana is illegal everywhere in Texas, including in homes, apartments, and hotels. However, police may not enter a home without a warrant, though there are some exceptions to this rule. Learn more.
- Can you smoke on the streets in Texas? It is illegal to smoke marijuana on Texas streets, or in any other public or private location in the state. Marijuana possession is a criminal offense with severe consequences in Texas. Learn more.
CAN YOU SMOKE RECREATIONAL IN TEXAS?
No, recreational use of marijuana is illegal in Texas. People caught smoking marijuana are subject to criminal charges in Texas. Learn more.
- Can you smoke on the beach in Texas? It is illegal to smoke marijuana on the beach, or in any public place in Texas.
- Can I smoke a joint in Texas? Marijuana use is illegal everywhere in Texas. Some jurisdictions do not arrest or prosecute minor marijuana offenses for various policy reasons. Marijiuana nonetheless remains an illegal substance under state and federal law.
WHAT STATES ARE MOST SMOKERS FRIENDLY?
The most popular states for legal recreational marijuana are California, Nevada, and Colorado. These states have effectively integrated marijuana use into their already robust tourism industry.
- Where is smoking allowed in Texas? Marijuana use is illegal everywhere in Texas, although some jurisdictions do not prosecute low level marijuana cases in efforts to conserve law enforcement resources. These protocols are subject to change amidst shifting policy priorities.
- Can I smoke in my apartment in Texas? No, it is illegal to smoke marijuana in an apartment in Texas. Drug possession is also a frequent lease violation that can result in eviction, in addition to a criminal charge.
HOW LONG DOES DELTA 8 STAY IN YOUR SYSTEM?
Delta-8 THC is detectable in a person’s system for up to 15-30 days in some cases. However, this varies among individuals and with the frequency of use.
- Can you drive after taking Delta-8? Driving after consuming Delta-8 THC can lead to a criminal DWI charge. Texas prosecutes DWI in cases involving both alcohol and drugs. DWI is a severe criminal offense, punishable by lengthy jail sentences, costly fines, and driver’s license suspension. Learn more.
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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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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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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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