While marijuana laws have evolved in many states, Texas continues to enforce strict regulations regarding cannabis possession, sale, and distribution. Being charged with a marijuana-related offense can result in serious legal, personal, and financial consequences. At Gordon Law PLLC, we provide reliable legal representation to individuals facing marijuana charges in Texas. Our goal is to ensure your rights are protected and to develop a thoughtful defense strategy for your specific case.
Texas law still classifies marijuana as a controlled substance. Offenses can range from possessing a small amount for personal use to large-scale cultivation or distribution. The law defines marijuana as any part of the cannabis plant—not including low-THC hemp under the Texas Hemp Program.
Common marijuana-related charges include:
Even though certain CBD and hemp products are now legal under federal and state law, Texas distinguishes between legal hemp (less than 0.3% THC) and illegal marijuana products. Prosecutors may still pursue charges aggressively, especially if law enforcement believes intent to distribute is involved.
The severity of punishment for a marijuana offense in Texas typically depends on the amount of marijuana involved and whether there are aggravating circumstances such as prior convictions or drug-free zone enhancements.
| Quantity | Charge Level | Potential Penalties |
|---|---|---|
| < 2 oz | Class B Misdemeanor | Up to 180 days in jail and $2,000 fine |
| 2–4 oz | Class A Misdemeanor | Up to 1 year in jail and $4,000 fine |
| 4 oz–5 lbs | State Jail Felony | 180 days to 2 years in jail and $10,000 fine |
| 5–50 lbs | 3rd Degree Felony | 2–10 years in prison and up to $10,000 fine |
| 50–2,000 lbs | 2nd Degree Felony | 2–20 years in prison |
| Over 2,000 lbs | 1st Degree Felony | 5–99 years and up to $50,000 fine |
These penalties can be increased in cases involving:
At Gordon Law PLLC, we understand that marijuana laws are evolving—and so is the complexity of marijuana prosecutions in Texas. We focus on building a defense that takes into account the full context of your arrest and charges.
1. Legal Consultation and Review
We start by sitting down with you to discuss your arrest, charges, and goals. Understanding your side of the story allows us to begin building a meaningful and personalized defense.
2. Investigating the Circumstances
We examine the stop, search, and seizure procedures used in your arrest. If your rights were violated—such as being searched without probable cause—we may challenge the legality of the arrest or evidence collected.
3. Evaluating the Evidence
We carefully assess the prosecution’s evidence, including lab results, surveillance footage, officer testimony, and any alleged paraphernalia. Chain of custody errors or testing inaccuracies can create opportunities to suppress key evidence.
4. Understanding Intent and Control
Many cases hinge on the question of whether you knowingly possessed or had control over the marijuana. If the substance was found in a shared car or home, we may argue lack of knowledge or constructive possession.
Marijuana-related charges in Texas can range from minor misdemeanors to serious felonies, depending on the type, amount, and location of the alleged offense. At Gordon Law PLLC, we provide strong legal defense for a wide range of marijuana charges, always focused on protecting your rights and minimizing long-term consequences. Whether you’re facing a simple possession case or a felony related to THC concentrates or drug-free zones, we tailor our defense to the specific facts of your situation.
Often charged when an individual is caught with less than two ounces of marijuana. While this may seem minor, it can still result in a criminal record and jail time.
This charge typically arises when law enforcement finds scales, baggies, or large quantities. We challenge the evidence used to infer “intent” and seek reductions where appropriate.
Unlike flower marijuana, concentrated THC (in oils, wax, or edibles) is often treated as a Penalty Group 2 controlled substance, making these charges much more serious. Possession of even small amounts of THC concentrate may result in felony charges.
Possession or delivery near a school, daycare, or park can lead to enhanced sentencing. We examine whether the zone was appropriately designated and whether enhancements apply.
Texas has a limited Compassionate Use Program. If you were using cannabis medically in another state or for a qualifying condition, we can explore mitigation based on good faith misunderstanding or other factors.
Depending on your record, the amount of marijuana involved, and the circumstances, some options may be available to avoid a conviction or jail time:
Pretrial Diversion Programs: Available in some counties, especially for first-time offenders. Successful completion may result in charges being dropped.
Deferred Adjudication: You plead “guilty” or “no contest,” but the court delays a finding of guilt. If you complete the terms successfully, you may avoid a conviction on your record.
Reduction of Charges: In certain cases, we may negotiate a reduction to a lower-level offense, minimizing penalties and long-term consequences.
Dismissal: If the evidence is weak or your rights were violated, we may pursue full dismissal of charges.
Even if jail time is avoided, a marijuana conviction can affect:
We provide a defense that looks beyond the courtroom and considers your life and future. Our goal is not only to protect your legal rights, but also to minimize the long-term impact of an arrest or conviction.
Time is critical in marijuana cases. If you’ve been arrested or believe you’re under investigation, contacting an attorney early can:
At Gordon Law PLLC, we respond quickly and begin building your defense strategy immediately. The sooner we get involved, the more options we may have to seek diversion, negotiate reductions, or suppress evidence.
We never overpromise. Instead, we focus on building the strongest defense available, based on the facts of your case and the law.
Being charged with a marijuana offense in Texas doesn’t mean your future is lost. With careful legal planning and experienced representation, it’s possible to reduce, dismiss, or resolve charges in a way that protects your long-term interests.
Contact Gordon Law PLLC now for a confidential consultation. We’re ready to listen and begin your defense.
Q: Can I be arrested for marijuana even if I bought it legally in another state?
Yes. Marijuana is still illegal in Texas, even if purchased lawfully elsewhere.
Q: Is marijuana decriminalized in any Texas cities?
Some cities and counties (e.g., Austin, Dallas) have adopted cite-and-release or diversion policies for low-level marijuana possession. However, state law still applies, and enforcement can vary.
Q: Will a marijuana charge affect my employment?
Possibly. A conviction could appear on background checks, affect licensing, or bar you from certain types of employment.
Q: Can I get a marijuana conviction expunged in Texas?
Possibly, if the case was dismissed, you completed a diversion program, or you were acquitted. We’ll assess your eligibility during your case review.
Q: How long does a marijuana case take to resolve?
Each case is different, but resolution could take weeks or months depending on whether there’s a plea, diversion, or trial.
Get the legal help you deserve from a team that listens, prepares, and fights for you. At Gordon Law PLLC, we take your case seriously and provide guidance tailored to your situation. Let us help you protect your future with trusted, client-focused representation.
