Facing Marijuana Possession Charges in Texas: What You Need to Know

Possession of Marijuana

While many states across the U.S. have moved towards legalization, it’s crucial for Texans to understand that possession of marijuana remains largely illegal in the Lone Star State. At The Beltz Law Group, we frequently encounter individuals who are surprised by the severity of Texas’s marijuana laws, often due to a misunderstanding of how our state differs from others. If you’re facing a marijuana possession charge, understanding the relevant statutes and your rights is the first step in building a strong defense.

The Governing Statutes: Texas Health and Safety Code

The primary statute that criminalizes marijuana possession in Texas is Texas Health and Safety Code Section 481.121, titled “Possession of Marihuana.” This section clearly states that an individual commits an offense if they knowingly or intentionally possess a usable quantity of marihuana, unless specifically authorized by the Texas Controlled Substances Act.

It’s important to distinguish between “marihuana” (the legal term used in the statute) and “hemp.” In Texas, industrial hemp, defined as cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of 0.3% or less on a dry weight basis, is legal. However, any cannabis product exceeding this 0.3% THC threshold is considered illegal marijuana. This distinction is critical and often forms the basis of a defense.

Penalties for Possession of Marihuana

The penalties for marijuana possession in Texas are directly tied to the quantity of the substance found. The more you possess, the more severe the potential consequences:

Amount of Marihuana Possessed	Offense Classification	Potential Punishment
2 ounces or less	Class B Misdemeanor	Up to 180 days in county jail and/or a fine up to $$2, 000$
4 ounces or less but more than 2 ounces	Class A Misdemeanor	Up to 1 year in county jail and/or a fine up to $$4, 000$
5 pounds or less but more than 4 ounces	State Jail Felony	180 days to 2 years in state jail and/or a fine up to $$10, 000$
50 pounds or less but more than 5 pounds	Third-Degree Felony	2 to 10 years in state prison and/or a fine up to $$10, 000$
2,000 pounds or less but more than 50 pounds	Second-Degree Felony	2 to 20 years in state prison and/or a fine up to $$10, 000$
More than 2,000 pounds	First-Degree Felony	5 to 99 years or life in state prison and/or a fine up to $$50, 000$

Important Note on Concentrates: It’s also vital to understand that marijuana concentrates (such as vape pens, oils, waxes, edibles, and tinctures) are treated much more severely than plant material in Texas. These substances are generally classified under Texas Health and Safety Code Section 481.116 (Penalty Group 2), and possession of even small amounts can lead to felony charges with significantly harsher penalties, often even for a first offense.

Weed Cases Defended

Your Right to Remain Silent: A Critical Defense Tool

One of the most powerful tools at your disposal if you’re accused of marijuana possession is your Fifth Amendment right to remain silent. This right can be particularly impactful in Texas marijuana cases, given the legal distinction between high-THC marijuana and low-THC hemp.

If you are found with a substance that looks and smells like marijuana, law enforcement will often ask you directly if it is “weed” or if it’s “illegal marijuana.” Answering this question can be detrimental to your case.

Why? Because if you do not admit that the substance is an illegal form of marijuana (i.e., above 0.3% THC), the state bears the burden of proving that fact beyond a reasonable doubt. This means the substance must be sent to a crime lab for testing to determine its precise THC concentration. This testing process takes time and resources, and without your admission, it is a necessary step for the prosecution.

Exercising your right to remain silent and refusing to answer questions about the substance can create significant barriers for the prosecution. It forces them to invest in lab testing and can lead to delays, expose flaws in their evidence, or even result in the dismissal of charges if the evidence cannot meet the necessary legal standard.

Criminal Defense Attorney

Don’t Face Marijuana Charges Alone – Contact The Beltz Law Group

A marijuana possession charge in Texas is a serious legal matter with potentially life-altering consequences, despite what you might hear about marijuana laws in other states. The nuances of Texas law, especially regarding THC concentration and concentrates, require a knowledgeable and aggressive defense.

At The Beltz Law Group, our experienced criminal defense attorneys understand the intricacies of Texas marijuana statutes and how to effectively defend against these charges. We can help you understand your rights, navigate the legal process, and work to achieve the best possible outcome for your case.

If you or a loved one is facing marijuana possession charges in Texas, don’t hesitate to seek legal counsel. Contact The Beltz Law Group today for a confidential consultation.