Texas Marijuana Laws: Navigating a Complex Legal Landscape

Marijuana laws in the United States are constantly evolving, and Texas presents a unique and often complex legal landscape for cannabis.

Whether you are facing possession charges or simply seeking to understand the current state of marijuana legislation in the Lone Star State, it’s crucial to have accurate information and access to experienced legal counsel.

This blog will explore the intricacies of Texas marijuana laws and guide you on finding the right “Texas marijuana lawyer” to protect your rights.

The Current State of Marijuana Laws in Texas

As of April 15, 2025, recreational marijuana remains illegal in Texas.

The state has a limited medical marijuana program, the Texas Compassionate Use Program (TCUP), which allows patients with specific qualifying medical conditions (such as epilepsy, multiple sclerosis, PTSD, and certain other conditions) to access low-THC cannabis products with a doctor’s prescription.

However, the landscape is subject to change, with ongoing legislative discussions and varying local approaches to marijuana enforcement.

It’s important to stay informed about the latest developments. Notably, there has been recent debate and legislative action regarding consumable hemp products containing THC.

The Texas Senate recently passed a bill aiming to ban all forms of tetrahydrocannabinol (THC) products, which could significantly impact the availability of currently legal hemp-derived items.

This highlights the dynamic nature of cannabis laws in the state.

Understanding Marijuana Possession Penalties in Texas

Texas has strict penalties for marijuana possession, and the severity of the consequences depends on the amount possessed.

It’s crucial to understand these penalties to navigate potential legal issues.

Misdemeanor Amounts

• Two ounces or less: This is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000.
• More than two ounces but not more than four ounces: This is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.

Felony Amounts: When Does Marijuana Possession Become a Felony in Texas?

Possession of more than four ounces of marijuana in Texas is a felony offense with significant penalties. Understanding these thresholds is critical:

• More than four ounces but not more than five pounds: This is a state jail felony, punishable by 180 days to two years in state jail and a fine of up to $10,000.
• More than five pounds but not more than 50 pounds: This is a third-degree felony, punishable by two to 10 years in state prison and a fine of up to $10,000.
• More than 50 pounds but not more than 2,000 pounds: This is a second-degree felony, punishable by two to 20 years in state prison and a fine of up to $10,000.
• More than 2,000 pounds: This is a first-degree felony, punishable by five to 99 years or life in state prison and a fine of up to $50,000.

It’s important to note that these penalties can be enhanced under certain circumstances, such as possession in a school zone or with prior drug convictions.

Additionally, the sale or distribution of any amount over 0.25 ounces is also a felony in Texas.

Top Questions About Texas Marijuana Law and Lawyers Answered

Here are some frequently asked questions regarding Texas marijuana laws and finding legal representation:

Is weed legal in Texas?

No, recreational marijuana is not legal in Texas. The state has a limited medical marijuana program for patients with specific qualifying conditions.

Will Texas legalize marijuana soon?

The future of marijuana legalization in Texas is uncertain.

While there have been legislative efforts towards decriminalization and even legalization, there is also significant opposition.

Recent moves to ban consumable hemp products indicate a potentially tightening stance on cannabis-related substances.

What is the penalty for having marijuana in Texas?

Penalties range from a Class B misdemeanor for possession of two ounces or less to a first-degree felony for possession of more than 2,000 pounds.

Fines and jail/prison sentences vary depending on the amount.

What should I look for in a Texas marijuana lawyer?

When seeking a Texas marijuana lawyer, it’s crucial to find someone with:

• Experience: A lawyer who has handled marijuana possession and related cases in Texas.
• Knowledge of Texas Law: A deep understanding of the specific state laws and local court procedures regarding marijuana offenses.
• Strong Defense Strategies: An attorney who can assess the details of your case and develop an effective defense strategy.
• Communication: A lawyer who communicates clearly and keeps you informed throughout the legal process.

Can a Texas marijuana lawyer help if I’m facing federal charges?

Most Texas marijuana lawyers focus on state charges.

If you are facing federal drug charges, you will need an attorney who is licensed to practice in federal court and has experience with federal drug laws.

What are my rights if I’m arrested for marijuana possession in Texas?

If arrested for marijuana possession, you have the right to remain silent, the right to an attorney, and the right to be free from unreasonable searches and seizures. It’s crucial to exercise your right to remain silent and contact a lawyer immediately.  

Can a marijuana conviction be expunged in Texas?

In some limited circumstances, it may be possible to expunge a marijuana-related arrest or conviction in Texas, particularly if charges were dismissed or if you successfully completed a diversion program.

A qualified Texas marijuana lawyer can advise you on your eligibility for expunction.

Why Robles Family Law Should Be Your First Call for Marijuana Charges in Texas

If you are facing marijuana possession charges in Odessa, TX, or the surrounding Permian Basin, Robles Family Law offers the dedicated legal representation you need.

While recognized for their expertise in family law, their criminal defense practice includes handling drug offenses, including marijuana possession.

Attorney Anthony Robles understands the nuances of Texas marijuana laws and is committed to providing a strong defense for his clients.

He will thoroughly investigate the circumstances of your arrest, assess the evidence against you, and work diligently to protect your rights and achieve the best possible outcome for your case.

Whether you are facing a misdemeanor or felony marijuana charge, Robles Family Law is prepared to provide you with the skilled legal counsel you deserve.

Their familiarity with the local courts in Odessa and the surrounding counties can be a significant asset in navigating your case.

Contact Robles Family Law today to discuss your situation and begin building your defense.  

Don’t face marijuana charges alone.

A knowledgeable Texas marijuana lawyer like Anthony Robles at Robles Family Law can provide the guidance and advocacy you need to protect your future.