Jason Stephens | February 15, 2025 | Texas Law

Is Weed/Marijuana Legal in Texas?

If you’re in Texas, you might already know that marijuana laws can be confusing, especially compared to what’s happening in other states. Even though some areas have relaxed their rules, Texas still maintains strict regulations about possession and use. It’s important to understand where the law stands so you can avoid charges that could lead to significant legal consequences in some cases. By staying informed, you’ll be more prepared to make decisions that protect your freedom and your future. Our personal injury lawyers share their expert insights to help you understand your rights and navigate the legal process with confidence.

Marijuana Is Illegal in Texas

In Texas, all forms of Cannabis sativa L. (known as weed or marijuana) remain illegal. Possession can lead to fines or even jail time, while selling or delivering larger amounts could result in significant prison time.

Under Texas law, you can only use medical marijuana if you qualify for the state’s Compassionate-Use Program. This program sets a strict THC limit of 1%, meaning you won’t have access to the stronger strains permitted in other states. You must also be diagnosed with a condition allowed by state law, such as epilepsy, certain forms of cancer, or post-traumatic stress disorder (PTSD), and get a prescription from a physician participating in the program. 

The process typically involves medical evaluations and registration to ensure that your situation meets all legal requirements. If your condition or prescription falls outside these guidelines, using or possessing marijuana in Texas could still lead to criminal charges.

Penalties for Marijuana Possession in Texas

If you get caught with marijuana in Texas, you could face serious consequences, even for small amounts. The penalties depend on how much marijuana you have when you’re arrested. Below is a general overview of what happens when you’re charged with marijuana possession in Texas.

  • Two Ounces or Less: If an officer finds you with two ounces or less of marijuana, this count is considered a Class B misdemeanor. Potential punishments can include up to six months in jail and a maximum fine of $2,000.
  • More than two ounces but less than four ounces: If you’re caught with over two ounces but under four ounces, it’s a Class A misdemeanor. Conviction can result in up to one year in jail and fines that can reach $4,000.
  • Between 4 ounces and 5 pounds of marijuana: This is a state jail felony that carries between 180 days and 2 years in jail, plus a possible fine of up to $10,000.
  • Between 5 pounds and 50 pounds of marijuana: This is a third-degree felony and will lead to between 2 and 10 years in prison as well as a fine of up to $10,000.
  • Between 50 pounds and 2,000 pounds of marijuana: This is a second-degree felony of 2 to 20 years in prison plus a possible fine of up to $10,000.
  • Over 2,000 pounds: Anything beyond 2,000 pounds is a first-degree felony, and the legal consequences are far more serious. You could face a prison sentence ranging from five years to life, and the court can fine you up to $50,000.

Selling or distributing marijuana in Texas carries heavier consequences than simply possessing it. The severity of these penalties differs based on how much marijuana you distribute, where the offense takes place, and if minors are involved. If you’re arrested and convicted, you face up to life in prison in some cases, depending on the quantity. 

If you’re charged with a marijuana-related offense in Texas, you may feel like you have no options. However, a skilled lawyer can identify legal defenses that can help you fight back. Some common legal defenses include the following: 

  • Illegal search or seizure: Law enforcement must follow the law when searching your person, home, or vehicle. If they didn’t have a valid reason for a traffic stop or if they searched you without a warrant, any evidence found could be thrown out. A good legal team will examine how the evidence was collected and file a motion to suppress if appropriate. This could lead to dismissed charges or an acquittal. 
  • No knowledge or possession: Sometimes marijuana is found in a public place or a place shared by multiple people, leading to you being charged with constructive possession. You might argue that you didn’t know the marijuana was there and that it didn’t belong to you. This defense can weaken the prosecution’s ability to prove you had actual control over the substance.
  • Improper police procedures: Mistakes made during an arrest can harm the prosecutor’s case. Examples include missing evidence, mishandling evidence, or failing to respect your constitutional rights. If your lawyer can show that authorities acted incorrectly, it can weaken the case against you.
  • Medical exception: Though Texas has strict laws, the state offers a Compassionate-Use Program for certain conditions requiring low-THC cannabis (under 1% THC). If you’re legally authorized to use this medication, you could show that you were following your doctor’s orders rather than committing an offense. 
  • Not marijuana: Sometimes, it’s unclear whether what you have is actually marijuana or a legal product containing hemp or CBD. If test results are inconclusive or mishandled, a lawyer can argue that the substance isn’t marijuana. This can lead to reduced charges or a dismissal if the prosecution can’t prove it’s illegal cannabis.
  • Entrapment: If law enforcement convinced or coerced you to commit a crime you normally wouldn’t have committed, like possessing marijuana, you might be able to claim entrapment. You have to show that the idea of committing the crime came from the police officer rather than you on your own.
  • Mistakes in lab testing: Sometimes, the substance is never tested properly, or the test is flawed. If the prosecution can’t accurately prove that what you had was illegal marijuana, it will be tough for them to secure a conviction.

A strong legal team can make a significant difference in the outcome of your case, so understanding your options and working with an experienced attorney is crucial to protecting your rights and future.

Contact Our Personal Injury Law Firm in Fort Worth, TX

If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth and Weatherford personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.

Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000

Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000