Marijuana and Gavel on desk

FAQs About Marijuana Use and Possession in Texas 

The Linder Firm Jan. 24, 2024

With laws that are constantly shifting and evolving, it's understandable to feel a sense of uncertainty and concern surrounding marijuana use and possession in Texas. But remember, answers are attainable. There are professionals like Attorney Phillip Linder who have dedicated their careers to understanding these laws and providing clear, straightforward answers to your pressing questions. 

The Linder Firm, located in the heart of Dallas, Texas, is your trusted partner in tackling any legal issues related to marijuana use and possession. Serving clients throughout Dallas Metro and North Texas, Attorney Phillip Linder brings his extensive experience in criminal defense to the table, helping ensure individuals are well-informed and prepared for any legal challenges they may face. 

Is marijuana possession legal in Texas? 

According to CFAH, out of all of the United States, Texas smokes the least weed at 12.81%. When it comes to the issue of marijuana possession in Texas, the answer is clear: no, it is not legal. Being caught with marijuana in your possession in Texas leads to strict legal consequences. Penalties can range from fines to jail time, depending on the amount of marijuana you're found with. 

What are the penalties for marijuana possession in Texas? 

Penalties for marijuana possession vary depending on certain factors including the quantity found on the person, the offender's age, and where the offense took place. They could range from misdemeanor charges entailing fines and jail time to felony charges that carry hefty prison sentences and fines. 

How much marijuana can I possess without facing severe penalties? 

In Texas, having two ounces or less of marijuana is considered a misdemeanor, which could lead to a maximum fine of $2,000 and up to 180 days in jail. 

What are the penalties for possession of larger quantities of marijuana? 

Carrying between two ounces and four pounds of marijuana is a felony in Texas. The punishment includes up to one year in prison and a fine of no more than $4,000. Larger amounts carry even stiffer penalties, with potential prison sentences ranging from six months to 99 years and fines of up to $50,000 for possession of over 2,000 pounds of marijuana. 

Can minors face penalties for marijuana possession in Texas? 

Yes, minors can face legal repercussions for possessing marijuana in Texas. The severity of the punishment largely depends on the quantity found on the minor during the time of arrest. Minors with less than two ounces of marijuana can be subjected to up to 180 days of jail time and fines not exceeding $2,000. 

Are there any alternative sentencing programs for minors caught with marijuana? 

Fortunately, minors without prior convictions have the option of entering a probation program while attending a drug treatment program instead of serving jail time. Successful completion of the program may lead to the expungement of their criminal record. 

Can individuals purchase legal weed in Texas? 

Recreational use of marijuana is illegal in Texas, and it's not possible to legally purchase weed. However, certain medical conditions qualify for access to medical marijuana through the Texas Compassionate Use Program (CUP). 

What medical conditions qualify for medical marijuana in Texas? 

Medical conditions that qualify for medical marijuana in Texas include epilepsy, Parkinson's disease, autism, terminal cancer, spasticity, multiple sclerosis, seizure disorders, and neurodegenerative diseases. 

How can eligible Texans obtain medical marijuana? 

Eligible Texans can obtain medical marijuana legally with a prescription from a doctor registered to prescribe medical marijuana in Texas. The drug must be obtained from a licensed dispensary. 

Can individuals fly with marijuana from Texas? 

No, individuals cannot fly out of Texas with marijuana. Transporting marijuana across state lines is illegal under federal law, and possession of any quantity of marijuana is illegal in Texas. 

Is it illegal to be high in public in Texas? 

While there are no specific laws prohibiting being high in public in Texas, consuming marijuana, driving while impaired by marijuana, or disorderly conduct resulting from marijuana consumption is a crime. 

Strong Legal Representation

With his extensive experience in criminal defense, Attorney Phillip Linder provides strategic and results-oriented representation for individuals facing marijuana-related legal issues in Texas. His firm, The Linder Firm, is dedicated to protecting the rights and freedom of individuals and providing the best possible defense against marijuana charges. 

It is vital to remember that while the laws surrounding marijuana use and possession in Texas can be daunting, you have a trusted partner in Attorney Phillip Linder and The Linder Firm. Their knowledge and experience in criminal defense equip them to provide informative answers to your questions and offer dedicated representation if you're facing marijuana-related legal issues. Based in Dallas, Texas, The Linder Firm is committed to protecting your rights and freedom. Reach out to Attorney Phillip Linder today for a free consultation and begin fighting for your future.