Navigating Houston’s marijuana laws can be tricky. This article cuts through the confusion. We’ll explore the latest laws, including penalties, and delve into the complexities of Marijuana policy in Harris County. We’ll also discuss the legality of medical Marijuana, THC edibles, Delta-8 THC, and CBD products. If you’ve been arrested for a Marijuana charge in Houston, don’t gamble with your future! Contact the experienced Texas Criminal Defense lawyers at Trey Porter Law today for a free consultation
IS MARIJUANA ILLEGAL IN HOUSTON TEXAS?
Marijuana is an illegal controlled substance in Houston, Texas pursuant to the Texas Marijuana Possession Law Texas Health and Safety Code Section 481.121. Possession of Marijuana is a criminal offense punishable as a felony with devastating consequences in certain circumstances.
However, police will not conduct arrests in possession cases involving small amounts of Marijuana in Houston as a Harris County policy decision.
- Is Marijuana legal in Harris County Texas? Marijuana is illegal in Harris County, Texas, which means it is a crime to grow, deliver, sell, and possess the substance.Harris County possession cases involving 4 oz or less will result in only a summons and diversion program, as local authorities have adopted this policy for petty Marijuana offenses according to the Harris County Sheriff’s Office and NORML.
- Is it legal to smoke Marijuana in Texas now? Smoking Marijuana remains an illegal offense despite these decriminalization measures in Harris County, and in other parts of Texas.Marijuana decriminalization is a policy where law enforcement does not arrest or fully prosecute certain low-level Marijuana cases in Texas. This means a person may not be arrested or subject to the full range of punishment in jurisdictions that have adopted these policies.
LEGAL CONSEQUENCES OF MARIJUANA POSSESSION IN HOUSTON
Facing Marijuana possession charges in Houston can have serious consequences. From jail time and hefty fines to a permanent criminal record, the potential impacts are significant. This can severely impact your employment, housing, and future opportunities. The amount of Marijuana involved directly determines the severity of the penalties. Don’t let a single mistake jeopardize your future.
- Do they have cite & release for Marijuana in Houston? Yes, Houston has a formal policy to direct small weed cases to the Misdemeanor Marijuana Diversion Program instead of making an arrest. However, this policy only applies to non-violent misdemeanor offenders who have no other pending charges. More serious charges, like Possession with Intent to Deliver, will still result in arrest and full prosecution.
HOUSTON MARIJUANA PENALTIES
Possession of Marijuana is a criminal offense with a punishment range that is determined by the amount of cannabis involved in an arrest:
- 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 TEXAS?
Texas law offers several avenues for defense in Marijuana possession cases. If police violated your rights during the search and seizure, the charges may be dismissed. Additionally, Texas law provides two potential defenses outlined in Texas Health and Safety Code 481.121, The Texas Marijuana Possession Law:
- The “Good Samaritan” defense applies to individuals who are the first to seek emergency medical assistance for someone experiencing a drug overdose and who continue to cooperate with law enforcement and medical personnel throughout the incident.
- The second defense is available to individuals who were victims of a potential drug overdose and sought emergency medical assistance, either personally or through another individual. This defense can be particularly useful in situations where the individual was not in possession of the Marijuana themselves but was affected by its use.
WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN TEXAS?
Individuals caught with Marijuana in Texas may face arrest and criminal prosecution. The specific charges, ranging from misdemeanors to felonies, are determined by the amount of Marijuana involved. Potential penalties can include significant fines, imprisonment, and a permanent criminal record, which can have long-lasting negative consequences on an individual’s life.
To protect their rights, Texans should politely decline any search requests from law enforcement and avoid making any statements during a Marijuana possession investigation. This approach can help preserve crucial legal defenses, such as challenging the legality of the search or the admissibility of evidence, which may ultimately lead to the dismissal of the charges.
TEXAS MARIJUANA POSSESSION FREQUENTLY ASKED QUESTIONS (FAQ SECTION)
IS MARIJUANA DECRIMINALIZED IN HOUSTON TEXAS?
Low-level Marijuana offenses (4 ounces or less) are partially decriminalized in all of Harris County, including Houston.
These cases are instead handled through the Harris County District Attorney’s Office Misdemeanor Marijuana Diversion Program. According to the district attorney’s office, low-level Marijuana offenders can avoid arrest, jail booking, and the filing of a criminal charge by participating in this program.
County authorities have implemented this policy so as to not expend resources in petty possession cases involving 4 oz or less.
- What are the laws on Marijuana in Houston Texas? Marijuana is illegal in Houston even though low-level possession cases are not subject to arrest or full prosecution. Petty cases will result in a judicial summons and a referral to a Marijuana diversion program in Houston, Texas.
- Does Houston Texas have dispensaries? There are no legal recreational Marijuana dispensaries in Houston, Texas. Medical Marijuana dispensaries must comply with all Texas Department of Public Safety (DPS) regulations under the Compassionate Use Program.
CAN ANYONE GO TO A DISPENSARY IN HOUSTON TEXAS?
Only Texans with qualifying medical conditions can procure medical Marijuana at a dispensary in Texas. Qualifying medical conditions include epilepsy, multiple sclerosis, and spasticity.
Minors must be accompanied by a parent or legal guardian.
- Is Texas a no tolerance state for Marijuana? Texas permits medical Marijuana for individuals diagnosed with certain medical conditions but otherwise bans recreational Marijuana use. Marijuana is an illegal substance everywhere in the state though certain jurisdictions have decriminalized petty possession offenses.
- Does Texas have Marijuana license? Texas does not license any recreational use, cultivation, or growth of Marijuana. All medicinal Marijuana must comply with state requirements under the Compassionate Use Program, which restricts the substance to a limited number of medical diagnoses like epilepsy, multiple sclerosis, and spasticity.
CAN YOU HAVE A DISPENSARY IN TEXAS?
Texas authorizes medical Marijuana dispensaries only as recreational use of the substance is a crime. Possession of Marijauana can result in serious consequences like lengthy jail sentences, high fines, and a permanent criminal conviction.
- Who qualifies for Marijuana in Texas? Only Texans diagnosed with certain medical conditions qualify for medicinal Marijuana in Texas. These conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and certain incurable neurodegenerative diseases.
- Does anxiety qualify for medical Marijuanas in Texas? No, anxiety is not a qualifying diagnosis for medicinal Marijuana in Texas. Qualifying medical diagnoses include epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and certain incurable neurodegenerative diseases.
ARE EDIBLES ILLEGAL IN HOUSTON TEXAS?
Yes, THC edibles are illegal in Houston and everywhere in Texas. Possession of THC edibles will result in felony drug charges even when involving small amounts. This is because THC oil is classified as a more serious substance than leaf Marijuana, according to the Texas Health and Safety Code section 481.116.
- Are edibles in Texas? No, Texas does not permit the use, manufacture, or distribution of THC edibles. Possession of even insignificant amounts of these edibles can result in felony charges. An important note regarding THC edibles legality in Texas: CBD edibles with a THC concentration of less than 0.30 percent are legal in Texas.
- Can you go to jail for edibles in Texas? Yes, possession of any amount of THC edibles is a felony charge in Texas that can result in lengthy prison sentences. This is because THC oil and concentrate is classified as a more severe controlled substance than leaf Marijuana under the Texas Controlled Substances Act.
DOES TEXAS ISSUE MARIJUANA CARDS?
No, Texas does not issue Medical Marijuana cards. Instead, physicians enter prescriptions into a central registry which can then be filed at a licensed dispensary.
- How much Marijuana is illegal to carry in Texas? It is illegal to carry any amount of Marijuana in Texas as it remains a controlled substance even in jurisdictions that do not prosecute petty possession cases. Carrying significant amounts of Marijuana can result in felony charges and a lengthy prison sentence.
- Is it legal to buy Marijuana in Texas now? No, the purchase of Marijuana is a crime everywhere in Texas.
IS MARIJUANA DECRIMINALIZED IN TEXAS YET?
Marijuana is not decriminalized at a state-wide level in Texas. Certain jurisdictions, like Harris County, have partially decriminalized the substance through diversion programs, which means certain minor possession cases are not subject to arrest or full prosecution.
- Did Texas pass Marijuana decriminalization bill? Texas has not passed any Marijuana decriminalization bill at the state level. However, many jurisdictions, like Houston, have implemented partial decriminalization measures.
- What is low level Marijuana possession in Texas? This term typically refers to misdemeanor Marijuana possession cases involving 4 oz or less. Many jurisdictions across Texas, like Harris County, do not arrest or fully prosecute low-level Marijuana possession cases as a policy decision.
IS DELTA 8 STILL LEGAL IN TEXAS?
Delta-8 THC is still legal in Texas as of 2025, however its status is subject to ongoing litigation, as reported in The Texas Tribune. Individuals seeking to consume this substance or further information on the Delta-8 THC legal status in Texas should consult an experienced drug law attorney.
- Can Delta 8 make you fail a drug test? Yes, Delta-8 THC will trigger a positive drug result in most drug testing kits, like a urinalysis. Individuals with pending criminal cases should be cautious as any positive drug test can result in a warrant or a probation violation.
- How long does Delta 8 stay in your system? Delta-8 THC can stay in your system for 15-30 days but this will vary among individuals and with frequency of use. Delta-8 THC will cause a person to fail a drug test.
WHAT HAPPENS IF YOU GET CAUGHT WITH CBD IN TEXAS?
Individuals caught with CBD are sometimes still arrested for felony THC charges. This is because common police testing kits do not properly discern whether the substance exceeds the legal THC concentration of 0.30 percent.
- Can I bring CBD to Texas? Although CBD is a legal substance under Texas and federal law, transporting the substance across state lines is not recommended. This is because there are very specific regulations about shipping and labeling that can result in serious legal repercussions if not handled properly.
- Is CBD legal in Texas? CBD is legal in Texas and under federal law as of 2025, according to reporting in the Austin American-Statesman summarizing recent CBD oil laws in Texas.
IS MARIJUANA A FELONY IN TX?
Possession of Marijuana is a criminal offense that is punishable at every offense level from class B misdemeanor to first degree felony depending on the amount of Marijuana involved. A felony Marijuana charge can have severe repercussions, including exclusion and expulsion from the military.
- Is Hello Mood legal? Yes, Hello Mood is legal in Texas as long as they contain a THC concentration under 0.30 percent. Hello Mood products may be ordered online.
MARIJUANA POSSESSION IN HOUSTON: SERIOUS CONSEQUENCES FOR COLLEGE STUDENTS
A marijuana possession charge can have severe and long-lasting consequences for college students in Houston. These consequences extend beyond legal penalties and can significantly impact academic progress, future career opportunities, and even housing options. A criminal record can lead to disciplinary action from the university, potentially affecting academic standing and future opportunities. Furthermore, drug offenses are reported under the Clery Act, impacting campus safety and personal reputation. Don’t risk your academic future; make informed decisions and avoid marijuana possession.
HOUSTON MARIJUANA LAWS
Despite some leniency, Marijuana remains illegal in Texas. Police are cracking down, and prosecutors are eager to secure convictions. While medical Marijuana is legal in limited cases, recreational use is strictly prohibited.
Charged with Marijuana Possession in Houston?
Don’t let it ruin your life. You can’t win if you don’t fight. Even a dismissed charge can have lasting consequences. The experienced criminal defense attorneys at Trey Porter Law have a proven track record of winning cases and expunging criminal records. We’ll fight for you.
Contact us today for a free, confidential consultation.
