“What happens if you get caught with weed in Texas?” — this is a question that’s quickly making its way to the top of our FAQ.

Marijuana, and its many variants (CBD, THC Delta 8, etc.), have become more commonplace over the last decade or so. And in the last two to three years, laws in Texas have changed to be more accepting of hemp and CBD. To top things off, many states have opted to legalize recreational marijuana, and even more allow it for medicinal use. All of this combined, makes people question whether they’ll actually get in trouble for marijuana possession.

While it’s true that restrictions have loosened up, weed possession is still illegal in Texas and in Houston. If you are caught with weed, you can be arrested and you can be charged with a misdemeanor (and even a felony in some cases). But even though it’s still technically illegal, will police and prosecutors treat it as such or have they become more lenient? 

Will I go to jail for simple possession? 

Can you go to jail for simple possession? Yes, you can. But will you? It depends on where you are in Texas, what their current stance on marijuana possession is, how much you’ve been caught with, and whether or not you are committing any other crimes at the time you are caught in possession of marijuana.

Here’s what happens if you get caught with weed in Texas:

  • 2 ounces or less
    • Misdemeanor
    • Up to 180 days in jail
    • Up to $2,000 fine
  • 4 ounces or less
    • Misdemeanor
    • Up to 1 year in jail
    • Up to $2,000 fine
  • Up to 5 pounds 
    • State Jail Felony
    • Up to 2 years in jail
    • Up to $10,000 fine
  • Up to 50 pounds
    • Second Degree Felony
    • Up to 10 years in prison
    • Up to $10,000 fine

Some cities in Texas (like Austin and Houston) have decided not to arrest people who are in possession of marijuana. Instead, they’re opting for cite-and-release policies. This is especially true if you’re caught with a gram of weed or a similarly small quantity. Rather than wasting city funds to test samples and arrest individuals, you’re ticketed and released. 

However, this isn’t true throughout Texas. 

In some places (like Plano or Montgomery County), they will still actively pursue marijuana possession charges. And keep in mind, Texas law still considers any level of marijuana possession illegal. So even if you do have a small amount and even if you are in a city like Austin, it’s always best to err on the side of caution. Even a simple possession charge can impact your life for years to come. Getting a job with a misdemeanor drug charge, sorting out child custody situations, and more common life situations will become increasingly more difficult to deal with. No matter where you are in Texas, be careful if you do decide to keep weed on you.

Learn more about Houston marijuana laws and how they can affect you

What happens if you get caught with edibles in Texas?

CBD and hemp is legal in Texas as long as the THC level is less than 0.3%. So if you’re wondering, “What happens if you get caught with edibles in Texas?” — the answer depends again on where you are and what the officer decides to do with those edibles. 

There are edibles and other types of products that exist underneath the 0.3% THC level. If you can prove to the officer that this is the case with your edibles, then you may be able to be let go with no citation. If you can’t, however, the officer has the authority to seize the edibles and submit them for testing. If the edibles are found to be above 0.3% THC level, you should expect to have possession charges brought down on you. And remember, your edibles will be tested for the entire amount of THC present — not just serving size. Even worse, possession of THC concentrates — like the kind present in dabs or edibles — could land you a state jail felony. And depending on how your search goes down, even the passenger gets in trouble.

Another thing to remember is that you can also be arrested if you’re found in possession of drug paraphernalia. This expands to include anything that can be used to ingest or inhale marijuana (including a bong, dab pen, or vaporizer).

Keep Reading: Is Weed Legal in Houston?

How do you win a drug possession case in Texas

With restrictions loosening up slightly over the last couple of years, it means that overcoming marijuana possession charges is far more likely. However, this requires the proper defense tactics and a skilled defense team.

At Thiessen Law Firm, we know how to get a possession charge dropped. We can help you fight back against unlawful seizures, faulty testing, and even a lack of knowledge or intent. With over a hundred Not Guilty verdicts and thousands of dismissals, we’re ready to make another success story out of you. 

To get started, give us a call or fill out our online form.

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Mark Thiessen

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.