While Marijuana remains illegal in Dallas, the DFW area, and throughout Texas, there are real decriminalization efforts and potential for future legislative changes. This article provides a comprehensive overview of the latest and current Marijuana laws in Dallas, Texas. It outlines the wide-ranging penalties for Marijuana possession. The article also discusses potential legal defenses and the consequences of Marijuana-related arrests. Additionally, it explores the nuances of Marijuana-related laws in Tarrant County and addresses frequently asked questions about Marijuana decriminalization, medical Marijuana, and the legality of various Marijuana products, such as Delta-8 and CBD. If you’ve been charged with a Marijuana offense in Dallas, don’t risk your future! Contact the experienced Texas Criminal Defense lawyers at Trey Porter Law today for a free consultation

IS MARIJUANA ILLEGAL IN DALLAS TEXAS?

Yes, Marijuana is an illegal controlled substance under Texas Health and Safety Code 481.121 in Dallas, Texas. However, minor possession cases will not always result in arrest because the City of Dallas has implemented a Cite and Release Policy, as recognized by the Dallas Morning News.

Under this policy, Dallas police issue summons to appear in court at a later date instead of performing a full arrest. This is intended to allow police to focus on violent crime and other matters.

Possession of Marijuana remains a criminal offense that can impose severe consequences in the DFW area.

• Is weed legal anywhere in Texas? No, at least not technically. Texas law criminalizes the possession, use, delivery, and sale of Marijuana – but many Texas cities have decriminalized weed, and this list is growing, according to reporting by KUT News.

• Is Marijuana decriminalized in Tarrant County Texas Marijuana is not completely decriminalized in Tarrant County as it is still subject to criminal prosecution even with petty amounts.However, police will not conduct arrests in small Marijuana possession cases, according to local policy of the Tarrant County District Attorney’s Office. Instead, individuals are required to appear in court at a later date to resolve the charge.

• What is the law on Marijuana use in Texas? Marijauna use is illegal everywhere in Texas except for approved medicinal purposes pursuant to the state’s Compassionate Use Program. Many jurisdictions employ policies allowing for court summons instead of custodial arrests, while others do not prosecute low-level Marijuana cases. Possession of Marijuana is still a crime that can lead to lengthy prison sentences and costly fines in some instances.

LEGAL CONSEQUENCES OF DALLAS MARIJUANA POSSESSION

Facing Marijuana possession charges in Dallas can have serious consequences. From hefty fines to jail time and a permanent criminal record, the penalties can significantly impact your life. This includes potential roadblocks to employment, housing, and educational opportunities. The amount of Marijuana involved directly determines the severity of the charges.

• Do they have cite & release for Marijuana in Dallas? Yes, Dallas has a formal cite and release policy for misdemeanor Marijuana cases. However, this is only an optional policy allowing officers to issue summons instead of making an arrest – police can still arrest more severe offenders or those who are breaching the peace!

DALLAS MARIJUANA PENALTIES

Possession of Marijuana is a criminal charge with punishment that ranges depending on 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.

LEGAL DEFENSES TO POSSESSION OF MARIJUANA IN DALLAS?

There are various means to win your case in Dallas. The Texas laws on search and seizure  closely follow the U.S. Constitution, and if police took shortcuts or broke the law, the charges can be dismissed. Additionally, Texas Health and Safety Code 481.121, The Texas Marijuana Possession Law, provides two defenses for weed charges.

1. The “Good Samaritan” defense applies to individuals who initiate a call for emergency assistance during a potential overdose and cooperate with law enforcement and medical professionals. 
2. Additionally, individuals who are victims of a potential overdose and seek emergency medical assistance, either personally or through a representative, may have a potential defense.

WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN TEXAS?

Marijuana possession in Texas is a criminal offense that can result in arrest and prosecution. The severity of the charges, ranging from misdemeanors to felonies, is determined by the amount of Marijuana involved. Potential penalties include substantial fines, imprisonment, and a permanent criminal record.

To safeguard their rights, Texans should politely decline any search requests and avoid making statements during a Marijuana possession investigation. This approach can help preserve vital legal defenses, such as evidence suppression, which may result in the dismissal of the charges.

DALLAS MARIJUANA POSSESSION FREQUENTLY ASKED QUESTIONS (FAQ SECTION)

WHAT IS THE MARIJUANA POLICY IN TARRANT COUNTY TEXAS?

Tarrant County employs a Cite and Release policy where police are allowed to issue a citation instructing a suspect to appear in court at a later date as opposed to conducting a full, custodial arrest. This policy has specific parameters and is only available for Marijuana cases where the amount involved is 4 oz or less. Additionally, a suspect must have no other criminal warrants or have committed any other criminal offense.

• Is Marijuana legal in Tarrant County Texas? Marijuana is not legal in Tarrant County, Texas. Possession of Marijuna is a criminal offense that can lead to severe consequences including a lengthy jail sentence, a costly fine, and a devastating criminal conviction. Possession of Marijuana is also punishable as a felony, which carries higher penalties.

• How much Marijuana is illegal to carry in Texas? It is illegal to possess any “usable quantity” of Marijuana in Texas. Possession of Marijuana is a criminal offense that carries significant penalties depending on the weight of the Marijuana involved. Additionally, Possession of Drug Paraphernalia is a class C misdemeanor with significant collateral consequences for Texas professionals.

DO YOU GO TO JAIL FOR MARIJUANA IN DALLAS?

Yes, the punishment for Marijuana offenses in Texas include jail time. Possession of Marijuana is even punishable as a felony with a possible life jail sentence in certain circumstances.

• What is the fine for Marijuana in Dallas? A Marijuana possession charge carries up to a maximum $50,000 fine in severe cases. Misdemeanor cases carry a maximum $4,000 fine, while the majority of felony charges carry a maximum $10,000 fine.

• Can you have a dispensary in Dallas? No, it is illegal to own or operate a recreational Marijuana dispensary in Texas. Medical Marijuana dispensaries are regulated by Texas Department of Public Safety and must meet all requirements of its Compassionate Use Program.

WHAT IS THE DECRIMINALIZATION OF MARIJUANA?

Marijuana decriminalization in Texas is where local law enforcement impose policies to not prosecute certain Marijuana offenses. 

Decriminalization is different from legalization in that the substance remains illegal, but authorities simply choose to not pursue criminal charges. 

Many jurisdictions in Texas pursue decriminalization to conserve law enforcement resources for more serious or violent offenses.

• Is Texas decriminalizing Marijuana? Texas has not decriminalized Marijuana at the state level, nor does it appear the legislature is enacting any such policies soon. There is an active Marijuana legalization movement that has not affected substantial change on the issue, as reported in Forbes.

• Are edibles decriminalized in Texas? THC edibles are not decriminalized in Texas. THC edibles are treated more seriously according to the Texas Controlled Substances Act, and carry increased felony-level penalties.

IS MARIJUANA LEGAL IN TEXAS FOR RECREATIONAL USE?

Recreational Marijuana use is not legal anywhere in Texas. Marijuana possession is a criminal offense with lengthy jail sentences and costly fines. Additionally, certain Marijuana convictions can impose significant collateral consequences like loss of employment and disqualification from the military.

• Can you smoke recreationally in Fort Worth? No, it is illegal to smoke Marijuana anywhere in Texas. Medical Marijuana in Texas is manufactured for ingestion not for smoking, according to Department of Public Safety regulations.

• What is a drug free zone in Texas for Marijuana? According to Texas Health and Safety Code section 481.134, drug-free zones are areas that carry increased penalties for any drug violations within the designated zone. The most common drug-free zones in Texas are schools and the surrounding areas.

DOES DALLAS HAVE DELTA 8?

Delta-8 THC remains legal in Dallas and in Texas for the time being. The status of this substance remains subject to litigation that could result in prohibition as reported in The Texas Tribune. People seeking to consume Delta-8 THC in Dallas should consult an experienced Texas drug possession defense attorney.

• Will Delta 8 test positive? Yes, Delta-8 contains THC levels that will render a positive result in common drug tests like a Urinalysis (UA). A positive UA test can result in criminal warrants and a probation revocation.

• Can you buy Delta 8 edibles in Texas? Yes, it is legal to purchase edibles containing Delta-8 THC in Texas. However, common police testing kits cannot properly account for the legal THC concentration in Delta-8. This means possession of these substances can still result in criminal arrest in some instances.

ARE DELTA 9 GUMMIES LEGAL IN TEXAS?

Gummies containing Delta-9 derived from hemp with a THC concentration lower than 0.30 percent are legal in Texas. However, common police kits cannot properly test for a legal concentration amount which can still result in criminal arrest and charges in many instances. People facing such charges should consult with a qualified and experienced Marijuana lawyer Dallas and Texas drug possession lawyer.

• Are edibles legal in Dallas Texas? THC edibles are not legal anywhere in Dallas or in Texas. The THC oil in such edibles is classified as a higher, more severe substance than leaf Marijuana under the Texas Controlled Substances Act, which results in felony charges with even the smallest of quantities.

• What is the penalty for edibles in Texas? Possession of any quantity of THC edibles is a felony charge in Texas. This offense is punishable at every felony level under Texas law depending on the weight of the substance involved.

WHAT HAPPENS IF YOU GET CAUGHT WITH A DAB PEN IN TEXAS?

Possession of a dab pen will result in felony charges in Texas. This is because THC oil is classified as a more severe substance than leaf Marijuana, according to the Texas Health and Safety Code section 481.116. 

Possession of any quantity of THC oil is a felony offense in Texas.

• What happens if you get caught with CBD in Texas? Texas can still be arrested for possession of legal CBD products because commonly used police testing kits cannot discern their legal THC concentration. Individuals facing such charges should contact an experienced criminal defense lawyer to push for a dismissal of all charges.

• Do you need a card for CBD in Texas? No, CBD is a legal substance in Texas requiring no license or permit for its use. According to the U.S. Centers for Disease Control and Prevention, cannabidiol (CBD) is a cannabis compound extracted from hemp or non-hemp plants containing THC that does not exceed 0.30 percent.

WHAT IS THE CURRENT LAW ON MARIJUANA IN TEXAS?

Marijuana is an illegal controlled substance in Texas. Many jurisdictions waive prosecution and arrest of cases involving small quantities. However, Possession of Marijuana remains a criminal offense with severe consequences, including lengthy jail sentences, thousands of dollars in fines, and a devastating criminal conviction.

• Can you have a Marijuana card in Texas? No, Texas does not issue or utilize Marijuana cards. Texas’ Compassionate Use Program operates its medicinal Marijuana program through a centralized registry that is checked by physicians prescribing the substance. All legal medical Marijuana use must comply with the Texas Department of Public Safety program parameters.

• Can you have a dab pen in Texas? No, THC vaping pens are illegal drug paraphernalia in Texas. Additionally, the THC oil is an illegal controlled substance punishable as a felony offense even in cases involving small amounts.

CAN ANYONE GO TO A DISPENSARY IN TEXAS?

Texans must be diagnosed with specific medical conditions to visit a Marijuana dispensary in Texas. According to the Compassionate Use Program, these include multiple sclerosis, epilepsy, and spasticity. Individuals under 18 must be accompanied by an adult guardian.

• Does Dallas Texas have dispensaries? There are no legal recreational Marijuana dispensaries in Dallas, or anywhere else in Texas. Recreational Marijuana use is illegal everywhere in Texas. Legal medicinal Marijuana dispensaries must comply with all state regulations.

• What states near Texas have recreational dispensaries? New Mexico and Colorado both have legal recreational Marijuana dispensaries, according to the nonprofit Marijuana Policy Project. However, the major roadways to these states are heavily patrolled by law enforcement who are very aware of this fact. Traveling on these highways can lead to pretext stops that are particularly prone to legal attack.

WHAT IS LOW LEVEL MARIJUANA POSSESSION IN TEXAS?

Low-level Marijuana possession is generally any misdemeanor possession case involving 4 oz or less. 

The term can also signify medical Marijuana containing low levels of THC pursuant to state regulations.

• Does Texas have Marijuana license? No, Texas does not issue Marijuana licenses for any purpose. Recreational Marijuana is illegal everywhere in the state and its medical Marijuana program is run through a centralized registry.

• Can I buy Marijuana in Colorado if I live in Texas? Yes, Texas residents are free to purchase and use recreational Marijuana while in Colorado. Texans may not, however, legally transport Marijuana into Texas. Such conduct can lead to serious felony charges and federal prosecution in certain circumstances.

THE HIGH PRICE OF MARIJUANA POSSESSION FOR DFW STUDENTS

A Marijuana possession charge can have severe consequences for college students in the Dallas-Fort Worth area, impacting academics, career prospects, and even housing. Disciplinary action from your university, potential financial aid restrictions, and long-term career limitations are all possible outcomes. Furthermore, under the Clery Act, drug offenses are reported on campus, potentially impacting your safety and reputation. Protect your future by making informed decisions and understanding the serious risks associated with Marijuana possession.

DALLAS MARIJUANA LAWS

Texas Marijuana laws can be a minefield. While some minor charges may be treated leniently, the potential consequences, including jail time and fines, are serious. Even a dismissed charge can have lasting repercussions.

Don’t Roll the Dice on Your Future.

If you’ve been cited or arrested for Marijuana possession in Dallas, it’s time to get serious. The experienced Texas Criminal Defense attorneys at Trey Porter Law have a proven track record of success beating cases and expunging criminal charges. We’ll fight for your freedom and work to get your charges dismissed.

Contact us today for a free, confidential consultation.