Is weed legal in Houston? It almost feels as if you should add a “yet” to the end of that sentence, right? Marijuana just doesn’t seem like that big of a deal anymore, especially since many states have fully or partially legalized recreational marijuana use. 

But what about in Houston? What is and is not considered legal when it comes to weed?

While Houston (and many other areas within Texas) has loosened up a bit when it comes to weed, marijuana possession charges are still a thing. You CAN still face legal penalties for having, using, or selling weed in Houston — so be careful!

Let’s take a few moments to cover what can land you in hot water when it comes to marijuana use in Houston.

Don’t cross the 0.3% THC line

First and foremost, don’t be misled into thinking that marijuana use is legal in Houston — because it is not legal. Yes, it is legal to sell and use certain forms or derivatives of a cannabis plant; however, there are very specific requirements that must be met for this use to legally occur. 

For example, Hemp and CBD are legal in Houston. But, these substances must have a THC concentration that is less than 0.3% to be considered legal. Anything above a 0.3% THC level would be considered illegal. 

Although it can be difficult and costly to accurately test THC levels, it is still doable. This is why we don’t recommend pushing the envelope in any scenario. Even if marijuana charges are being dropped or not pursued, it doesn’t mean they can’t or won’t be pursued in similar situations. If you are going to use, do so in private and understand that there are still potential penalties involved.

Medical marijuana is not an easy out

Even though medical marijuana use may seem like an easy out or like a “catch all” phrase for legal marijuana use, this certainly is not the case in Houston (at least it isn’t at this point). 

Yes, medical marijuana use is a legal option in Houston; however, there are very specific requirements for this usage, as well. 

While the amount of qualifying conditions has recently expanded — including epilepsy, Parkinson’s Disease, and ALS — it is still illegal to use cannabis oil with a THC level of more than 0.5%.

In other words, if a member of law enforcement is questioning you, throwing out the term “medical marijuana” as your defense tactic is not a good idea. Your best bet is to remain silent. This is because very few medical conditions qualify for medical marijuana use in Houston, and the THC level still has to be relatively low. 

Also, keep in mind — we’re talking about using cannabis oil (not smoking). Smoking marijuana, in general, is not allowed (even for medical purposes). So if you are caught smoking weed in Houston, this is still considered a big no-no.

Penalties are not out of the question

Many Houston residents are willing to take the risk and smoke the weed. Charges are unlikely — so why not, right?

Not necessarily. 

While many low-level marijuana possession charges have been dropped and are not currently being pursued, that doesn’t mean they can’t be pursued. And it certainly doesn’t mean that instances involving a significant amount of marijuana won’t be actively pursued. 

Remember, you can get up to one year of jail time for a marijuana misdemeanor charge and up to $4,000 in fines. Misdemeanors can remain on your record and negatively impact future opportunities. Getting a job with a misdemeanor drug charge can prove to be very difficult, and even things like child custody and housing opportunities can become more challenging to work through.

However, individuals who are caught with up to 4 ounces of weed in Harris County may be in the clear. Check out our 4/20 Edit to learn more about this and other recent Houston marijuana laws.

Fight a marijuana charge with Thiessen Law Firm

At Thiessen Law Firm, we have in-depth experience dealing with marijuana possession charges and other similar offenses. We can help you figure out how to get a possession charge dismissed and even guide you through how to beat a felony drug charge. With over a hundred Not Guilty verdicts and thousands of dismissals under our belts, we are your one-stop-shop to successfully beating a Houston marijuana charge.

Give us a call or fill out our online form to start fighting today.

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Thiessen Law Firm

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.