This article provides a comprehensive overview of the latest Marijuana laws in Austin, Texas. The City of Austin has relaxed its stance on small-time Marijuana possession, but the substance remains illegal under Texas law. Possession charges can form the basis for probable cause and lead to serious legal consequences like jail time, fines, and convictions. If you’re considering Marijuana use in Austin, it’s crucial to understand the risks and legal implications. This article provides updated details on Austin Marijuana laws, penalties, defenses, and strategies for navigating the legal system. If you’re charged for possession in Austin, don’t risk your future: consult with the experienced Texas Criminal Defense lawyers at Trey Porter Law.
IS MARIJUANA LEGAL IN AUSTIN TEXAS?
No, Marijuana is not legal in Austin, Texas. Although Travis County authorities may not prosecute all low level possession offenses, Marijuana remains an illegal controlled substance pursuant to Texas Health and Safety Code 481.121, the Texas Marijuana Possession Law.
Additionally, certain Marijuana charges can result in lengthy prison sentences, costly fines, and a devastating, permanent criminal conviction.
- Is Marijuana legal in Austin, Texas for recreational use? No. Recreational Marijuana use is prevalent but remains illegal in Austin, Texas. Marijauna users are subject to citation, arrest, and criminal prosecution. Marijuana vape use results in increased felony charges with lengthy prison sentences.
- Is weed legal in Austin? Yes and no. The City of Austin has taken a relaxed stance against certain quantities of Marijuana possession, but the substance remains illegal under Texas law, and the Texas Attorney General’s Office has sued the City over this measure.
- Did Austin decriminalize Marijuana? Austin decriminalized petty Marijuana cases involving small amounts, according to reporting by KVUE News.This means Austin Police will not arrest or issue citations for petty Marijuana cases. However, serious cases involving greater Marijuana quantities will still lead to criminal prosecution.
LEGAL CONSEQUENCES OF MARIJUANA POSSESSION IN AUSTIN
The legal consequences for Marijuana and drug possession in Austin are severe. Texas weed possession punishments range from misdemeanor to felony punishment, and include jail time, thousands of dollars in fines, and a permanent criminal record, which can impact employment, housing, and college admission and financial aid opportunities.
- Can you go to jail for weed in Austin? Yes, absolutely. In Austin, possession of small amounts typically aren’t prosecuted, but Marijuana remains illegal in Austin and across Texas, and any amount can result in arrest and a trip to jail.
AUSTIN MARIJUANA PENALTIES
Possession of Marijuana is a criminal offense with a punishment that ranges according to the amount of cannabis involved in the case:
- Possession 0 to 2 oz: Class B misdemeanor punishable by a maximum 6 month jail sentence and a maximum $2,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 2 to 4 oz: Class A misdemeanor punishable by a maximum 1 year jail sentence and a maximum $4,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 4 oz to 5 lbs: State Jail felony punishable by a 6 month to 2 year jail sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 5 lbs to 50 lbs: third degree felony punishable by a 2 to 10 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 50 lbs to 2,000 lbs: second degree felony punishable by a 2 to 20 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession over 2000 lbs: first degree felony punishable by a term of imprisonment of 5 to 99 years or life and a maximum $50,000 fine. A conviction is permanent and will result in a driver’s license suspension.
| Offense | Penalty | Incarceration | Maximum Fine |
| Possession of Marijuana | |||
| 2 oz or less | Misdemeanor | 6 months | $2,000 |
| 2 – 4 oz | Misdemeanor | 1 year | $4,000 |
| 4 oz to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 10 years | $10,000 |
| 50 – 2000 lbs | Felony | 2 – 20 years | $10,000 |
| 2000 lbs + | Felony | 5 – 99 years | $50,000 |
| Sale of Marijuana | |||
| 7 g or less | Misdemeanor | 1 year | $4,000 |
| 7 g to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 20 years | $10,000 |
| 50 – 2000 lbs | Felony | 5 – 99 years | $10,000 |
| 2000 lbs + | Felony | 10 – 99 years | $100,000 |
| To a minor | Felony | 2 – 20 years | $10,000 |
LEGAL DEFENSES TO POSSESSION OF MARIJUANA IN AUSTIN TEXAS?
There are multiple ways to win your case in Austin. Texas search and seizure laws track the U.S. Constitution, and if police took shortcuts or broke the law, the charges can be dropped. Additionally, Texas law offers two potential defenses outlined in the Texas Marijuana Possession Law Texas Health and Safety Code 481.121:
- The Good Samaritan Defense: If you were the first to call for help during a drug overdose and cooperated with authorities, you might be able to use this defense.
- Victim of Overdose: If you were the victim of an overdose and sought medical help, you may also have a defense.
WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN AUSTIN TEXAS?
Austin Marijuana possession charges can lead to arrest and criminal prosecution. The severity of the charges, Marijuana charges range in severity from misdemeanors to felonies, depending on the amount of cannabis involved. Penalties include thousands of dollars in fines, incarceration, and a permanent criminal record.
Texans facing a Marijuana possession should respectfully refuse any search requests and remain silent to protect their rights. This can help preserve important legal defenses, such as suppression of evidence, which can result in a dismissal of all charges.
- Do they have cite & release for Marijuana in Austin? Yes, but it is totally discretionary. Cite and release is a legal option for misdemeanor Marijuana possession in Texas – but it’s not required. Section 14.06 of the Texas Code of Criminal Procedure provides police with this option in limited situations. Texas law enforcement agencies differ in practice and policy.
MARIJUANA POSSESSION FREQUENTLY ASKED QUESTIONS
IS TEXAS DECRIMINALIZING MARIJUANA?
No, the Texas legislature has not decriminalized Marijuana. There is an active statewide Marijuana decriminalization movement that has not affected any substantial change in legalization policy, as recognized in reporting by Forbes.
- Are edibles illegal in Austin? According to the Texas Health and Safety Code section 481.116, THC edibles are illegal in Austin as they are throughout the rest of Texas. Possession of THC edibles is a felony carrying lengthy prison sentences and costly fines.
CAN I BUY MARIJUANA IN AUSTIN?
No, it is illegal to purchase or sell Marijuana in Austin. Texans diagnosed with a qualifying medical condition may meet criteria for medical Marijuana under the state’s Compassionate Use Program. However, these prescriptions must be filled at a licensed dispensary and are not available for recreational use.
- Can anyone go to a dispensary in Texas? No. Only those Texans with eligible medical conditions qualify for medical Marijuana from a licensed dispensary under the state’s Compassionate Use Program. These medical conditions include epilepsy, multiple sclerosis, and spasticity.
- Can you have a dispensary in Texas? Recreational Marijuana dispensaries are illegal in Texas. Medical Marijuana dispensaries must meet all Texas Department of Public Safety criteria.
CAN YOU SMOKE IN AUSTIN?
It is illegal to smoke Marijuana in Austin. This ban includes medical Marijuana as it is designed to be ingested, not smoked.
- Can you get a medical Marijuana card in Austin Texas? Medical Marijuana is legal and available in Austin but is dispersed through the state’s Compassionate Use Registry (CURT) not through medical Marijuana “cards.” Licensed physicians will enter a prescription into the registry, which allows a patient to then get the prescription filled at any licensed dispensary.
WHEN DID AUSTIN BAN SMOKING?
Smoking Marijuana has been illegal in Austin for its entire history. Austin first imposed a citywide smoke free law for tobacco in nearly all public places including bars and restaurants in 2005.
- Can I smoke in Austin airport? Smoking Marijuana is illegal at Austin-Bergstrom International Airport, according to their online portal. Tobacco smoking is also illegal in the airport except in designated zones around the Barbara Jordan Terminal.
- Can you fly to Texas with a vape? No, it is illegal to transport THC vape products into Texas. This conduct can lead to serious state felony charges as well as federal prosecution.
IS VAPING ALLOWED IN AUSTIN?
Vaping THC products is illegal in Austin. THC oil is classified under a different controlled substance group to leaf Marijuana and is therefore subject to higher penalties. THC oil possession is a felony offense with a lengthy prison sentence, costly fines, loss of housing and employment opportunities.
- Is vaping a felony in Texas? Yes, possession of THC vaping oil is a felony offense under Texas Health and Safety Code section 481.116. Texas classifies THC oil as a more serious controlled substance than leaf Marijuana. Any detectable, usable amount of THC oil will result in felony criminal charges.
CAN YOU STILL SMOKE IN A BAR IN TEXAS?
It is illegal to smoke Marijuana in all Texas bars as Marijuana is an illegal substance under state and federal law. However, tobacco bans differ throughout Texas and individual bars may pursue their own policies on this front.
- Can I smoke in my car in Texas? It is illegal to smoke Marijuana in any car in the state as Marijuana is an illegal substance under state and federal law.
WILL DELTA 8 TEST POSITIVE IN AUSTIN?
Yes, Delta-8 contains THC levels that will trigger a positive result on tests checking for presence of the substance such as a urinalysis (UA). Importantly, a positive UA can trigger a warrant for Texans with pending criminal charges, or a revocation for those on probation.
- How long does Delta 8 stay in your system in Austin? Delta-8 THC can remain in a person’s system for 15-30 days in some cases. However, this length and duration is highly dependent on several factors, including a person’s history of use and metabolism.
- Is Delta 8 still legal in Austin Texas? Delta-8 THC is legal in Austin and Texas as of 2025 though its legality remains subject to litigation, according to The Texas Tribune. Texans seeking to consume Delta-8 THC should consult an experienced Austin and Texas drug possession lawyer.
IS HELLO MOOD LEGAL IN AUSTIN?
Hello Mood products containing a THC concentration lower than 0.30 percent are legal in Austin.
- What happens if you get caught with CBD in Austin Texas? Police may still conduct an arrest for possession of legal CBD products. This is because common THC testing kits will read the low level THC in these products and return a positive result. More stringent testing is required to determine whether the product has a THC concentration greater than the legal threshold of 0.30 percent.
IS MARIJUANA LEGAL IN AUSTIN TEXAS IN 2025?
Marijuana remains illegal in Austin, Texas. Though the city has decriminalized petty possession cases involving small quantities, Marijuana remains an illegal controlled substance. Possession of Marijauna can even be prosecuted at the felony level to devastating consequences.
- Is it legal to smoke Marijuana in Austin Texas now? It is not currently legal to smoke Marijuana in Austin. Austin Police officers will only confiscate small cannabis quantities pursuant to local Marijuana decriminalization policies. However, more serious Marijuana laws, like distribution to a minor, still remain subject to criminal prosecution.
WHAT CLASS IS MARIJUANA IN AUSTIN TEXAS?
Possession of Marijuana is punishable at every offense level from class B misdemeanor to first degree felony depending on the weight of the Marijuana involved.
- What states have legal Marijuana? Top states with legal recreational Marijuana include California, Colorado, and Nevada, according to the nonprofit Marijuana Policy Project. These states already had a popular tourism industry that has been bolstered by Marijuana legalization.
- What is low level Marijuana in Austin? “Low-level Marijuana” can refer to Marijuana cases involving small amounts that are not subject to prosecution in Austin. The term can also refer to low-THC Marijuana that is made specifically for medicinal purposes pursuant to the state’s Compassionate Use Program.
THE HIGH COST OF MARIJUANA POSSESSION FOR UT STUDENTS
A single mistake can have serious consequences for students enrolled at the University of Texas. Marijuana possession, even for personal use, can lead to a criminal record, impacting your future in significant ways.
- Academic Impact: A criminal record, including Marijuana possession, can lead to disciplinary action from the University, potentially affecting your academic standing and future opportunities.
- College Admissions: A Brookings Institution study found that over half of public and private colleges and universities consider criminal records during the application process. A Marijuana charge could hurt your chances of getting accepted to top graduate schools, including those at UT.
- Housing: University housing may be impacted, and you could face eviction from on-campus housing.
- Campus Safety: UTPD is vigilant and takes student safety seriously. A Marijuana charge could result in disciplinary action, including suspension or expulsion.
- Clery Act Reporting: Under the Clery Act, UT Austin is required to report certain crimes, including drug offenses, to the campus community. This can have a significant impact on campus safety and your personal reputation.
Remember: Marijuana is still illegal in Texas, including all parts of Austin. Don’t risk your future for a momentary lapse in judgment.
AUSTIN MARIJUANA LAWS: A COMPLEX LANDSCAPE
Marijuana laws in Texas, particularly in Austin, can be confusing and have serious consequences. While some minor possession charges may be treated leniently, more serious offenses can lead to significant penalties, including jail time and heavy fines.
Protect Your Rights. Preserve Your Future.
If you’ve been cited or arrested for Marijuana charges in Austin, Texas it’s important to be proactive. Even a dismissed charge can remain permanently on your criminal record. The Austin Criminal Defense attorneys at Trey Porter Law have a reputation for winning cases and successfully expunging criminal charges from the record. Questions? Contact us today for a free, no-hassle consultation.
