According to the American Civil Liberties Union, 52% of all drug arrests are for marijuana. Marijuana crimes can range from possession to cultivation. No matter the offense, you could face a significant amount of time behind bars and be required to pay hefty fines if convicted.
Conviction of a marijuana crime could have a drastic impact on your life. You could lose your job, professional license and find it difficult to apply for loans and find housing. You will need legal counsel experienced in defending marijuana crimes so this doesn't happen to you.
Defense Attorney for Marijuana Crimes in Texas
David Sloane is known for his work in marijuana defense. With more than 20 years of legal experience and a background as a police lieutenant, David Sloane is well prepared to defend the charges against you. He will be with you through every step of the process and will always have your best interest in mind.
Take the first step in building your defense and contact Law Offices of David Sloane, PLLC today. Call (817) 810-0088 to schedule a confidential consultation. Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties across North-Central Texas such as Dallas County, Tarrant County, Moore County, Potter County and Oldham County.
Information Center
- How is Marijuana Possession Charged in Texas?
- Marijuana DWI
- What is Marijuana Trafficking?
- Possession with Intent to Sell
- Additional Resources
How is Marijuana Possession Charged in Texas?
Marijuana is the most commonly used illicit drug in the United States. So it comes as no surprise possession of the drug makes up a good portion of arrest in Texas. Because marijuana is illegal in Texas, being caught by police with even the smallest amount will result in an arrest.
Possession of marijuana is charged based on the amount of the drug found in possession. Listed in the chart below are the penalties and charges for possession of marijuana.
Weight |
Charge |
Jail/Prison Time |
Fine |
2 oz. or less |
Class B misdemeanor |
Up to 180 days |
$2,000 |
More than 2 oz. but less than 4 oz. |
Class A misdemeanor |
Up to 1 year |
$4,000 |
More than 4 oz. but less than 5 lbs. |
State jail felony |
180 days – 2 years |
$10,000 |
More than 5 lbs. but less than 50 lbs. |
Third-degree felony |
2 years -10 years |
$10,000 |
More than 50 lbs. but less than 2,000 lbs. |
Second-degree felony |
2 years – 20 years |
$10,000 |
More than 2,000 lbs. |
Life-felony |
5 years – 99 years or life |
$50,000 |
With more states legalizing marijuana, the industry has developed new ways to consume the substance. Now, many marijuana users prefer THC concentrates and edibles. Because this form of the drug allows users to achieve a more potent high, possessing even the smallest amount is a felony.
The extent of the felony depends on the weight of the concentrate or edibles. Listed below are the possible charges for possession of THC concentrates or edibles.
- State jail felony: Less than 1 gram
- Third-degree felony: More than 1 gram but less than 4 grams
- Second-degree felony: More than 4 grams but less than 400 grams
- First-degree felony: More than 400 grams
Marijuana DWI
Most people equate DWI with alcohol, but the crime can be committed while under the influence of other substances, including marijuana. Marijuana may have various benefits, but the substance can still impact coordination, distort perception and slow reaction time, all of which are crucial to operating a vehicle.
To be arrested for a DWI, you must meet the legal definition of intoxicated. According to the Texas Penal Code, you are considered intoxicated when you do not have the normal use of your mental or physical capabilities because of drugs or alcohol. An officer will conduct numerous field sobriety tests during the traffic stop to determine if you are intoxicated.
You have the right to refuse a field sobriety test without consequences. Chemical test, on the other hand, cannot be refused without consequence. Chemical tests for a DWI involving marijuana will consist of a blood or urine sample to determine if the drug is in your system. Refusing a chemical test will result in a license suspension for up to 180 days.
A DWI involving marijuana will be charged the same as if you were caught driving drunk. The extent of the charge is based on prior convictions. Listed in the chart below are the possible penalties for a DWI with marijuana.
Conviction |
Charge |
Maximum Fine |
Incarceration |
License Suspension |
First offense |
Class B misdemeanor |
$2,000 |
Up to 180 days in jail |
Up to a year |
Second offense |
Class A misdemeanor |
$4,000 |
Up to 12 months in jail |
Up to two years |
Third or subsequent offense |
Third-degree felony |
$10,000 |
2 to 10 years in prison |
Up to two years |
What is Marijuana Trafficking?
A few of Texas' most northern counties are only an hour drive from Colorado. This means some Texas residents can legally purchase marijuana in Colorado, and bring it back to Texas within a few hours. Doing so may seem like a better alternative than dealing with drug dealers, but being caught can result in trafficking charges.
Marijuana trafficking is a crime with the potential to be charged by both the state and Federal Government. Whether the Federal Government tries your case is determined by the weight of the drug and if it crossed state lines. Being caught moving more than 10 kg of the plant's buds or any amount of THC oil may result in federal prosecution.
Listed below are the federal penalties for marijuana trafficking:
- Less than 1kg THC oil: No more than five years in federal prison and a fine no more than $250,000
- More than 10 kg of marijuana, more than 1 kg THC oil: No more than 20 years in federal prison and a fine up to $1 million
- 100 kg to 999kg of marijuana: No less than five years but no more than 40 years in federal prison and a fine up to $2 million
- 1,000 kg or more of marijuana: No less than 10 years but no more than life in federal prison and a fine up to $4 million
Generally, those who are caught trafficking drugs within Texas' borders will only be charged by the state. Texas does not have a specific statute for marijuana trafficking. Instead, the crime is charged as delivery of marijuana. Listed below are the charges for the offense in Texas.
- Class B misdemeanor: Less than ¼ oz., no money received in exchange
- Class A misdemeanor: Less than ¼ oz., money received in exchange
- State jail felony: More than ¼ oz., but five lbs. or less.
- Second-degree felony: More than five lbs., but 50 lbs. or less
- First-degree felony: More than 50 lbs., but 2,000 lbs. or less
- First-degree felony with enhances penalties: More than 2,000 lbs.
Possession with Intent to Sell
Imagine you decide to pick up weed for you and your friends. All your friends want different amounts of the drug, so your dealer gives you multiples bags with the desired amounts. On your way back, a police officer pulls you over and finds the marijuana in your car. Because the drug is divided into bags, the officer will assume you indented to sell it.
This scenario is not uncommon. In fact, the context of the marijuana could lead to charges for intent to sell. Aside from being found with marijuana divided into numerous bags, other factors that could lead to charges for intent include being found with large amounts of cash or paraphernalia associated with drug dealing like a scale.
Intent to sell is charged the same as if you actually sold the drug According to the Texas Penal Code, you could face the following charges for possession with intent to sell marijuana.
- Class B misdemeanor: Less than ¼ oz., no money received in exchange
- Class A misdemeanor: Less than ¼ oz., money received in exchange
- State jail felony: More than ¼ oz., but five lbs. or less.
- Second-degree felony: More than five lbs., but 50 lbs. or less
- First-degree felony: More than 50 lbs., but 2,000 lbs. or less
- First-degree felony with enhances penalties: More than 2,000 lbs.
Additional Resources for Marijuana Crimes
Texas Controlled Substance Act – Follow the link to read through the act governing marijuana crimes in Texas. You can read the precise legal definition of marijuana crimes such as delivery and possession. The act can be read on the Texas Constitution and Statutes website.
Intoxication Offenses – Read through the section of the Texas Penal Code governing DWI. You can learn about other DWI offenses such as intoxication assault and intoxication manslaughter.
Texas Marijuana Crimes Lawyer
Were you arrested for a marijuana crime in North-Central Texas? Are you unsure of what you should do next? If so, contact Law Offices of David Sloane, PLLC. You will need an attorney with proven experience to handle your case. David Sloane has a proven record successfully defending marijuana crimes. He is a seasoned legal professional who will use his experience and credibility to your advantage.
David Sloane is prepared to help you. Call (817) 810-0088 to schedule your complimentary consultation. Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties across North-Central Texas such as Dallas County, Tarrant County, Sherman Country, Carson County and Wheeler County.
This article was last updated on Wednesday, February 6, 2019.