Criminal Defense
Marijuana Possession Defense in Texas
Experienced Drug Defense Attorneys Serving Georgetown & Central Texas
A Marijuana Charge in Texas Is Still a Serious Matter.
Despite shifting attitudes toward marijuana across the country, Texas law remains strict. Possession of even a small amount of marijuana is a criminal offense that can result in jail time, fines, a permanent criminal record, and consequences for your employment, housing, and professional licenses.
At Mark Morales & Associates, we have defended clients against marijuana possession charges at every level — from Class B misdemeanors to felony possession cases involving larger quantities. We understand the law, the local courts, and the options available to you.
If you or a family member has been charged with marijuana possession in Williamson County, Travis County, or the surrounding area, call us today. The sooner you have an attorney, the more options you have.
How Texas Law Treats Marijuana Possession
Under Texas Health and Safety Code Chapter 481, marijuana is classified as a Penalty Group 2-A controlled substance. Possession is charged based on the usable quantity found at the time of arrest. Texas does not distinguish between recreational and medical use — there is no general medical marijuana program in Texas, and possession without a qualifying prescription under the Compassionate Use Program is a criminal offense.
Marijuana Possession Penalties in Texas
The severity of the charge depends on the amount of marijuana involved:
| Amount | Charge | Potential Penalty |
|---|---|---|
| 2 oz or less | Class B Misdemeanor | Up to 180 days in jail; up to $2,000 fine |
| 2 oz to 4 oz | Class A Misdemeanor | Up to 1 year in jail; up to $4,000 fine |
| 4 oz to 5 lbs | State Jail Felony | 180 days to 2 years (state jail); up to $10,000 fine |
| 5 lbs to 50 lbs | Third Degree Felony | 2 to 10 years in prison; up to $10,000 fine |
| 50 lbs to 2,000 lbs | Second Degree Felony | 2 to 20 years in prison; up to $10,000 fine |
| 2,000 lbs or more | First Degree Felony | 5 to 99 years in prison; up to $50,000 fine |
Beyond the Courtroom: Collateral Consequences
A marijuana conviction carries consequences that extend well beyond fines and jail time. Depending on the charge and your circumstances, a conviction may affect your ability to obtain or keep a professional license, qualify for federal student financial aid, maintain security clearances, pass background checks for employment or housing, and — for non-citizens — your immigration status. These collateral consequences are one reason it is important to fight the charge rather than simply accept a plea without understanding the full impact.
Possible Defenses to Marijuana Possession Charges
Every case is different, but there are a number of defenses that may apply depending on the facts. Our attorneys carefully review the circumstances of every arrest and charge to identify the strongest available defense.
Unlawful Search and Seizure
If law enforcement searched you, your vehicle, or your property without a valid warrant or a recognized exception to the warrant requirement, evidence obtained during that search may be suppressed. A suppression of the evidence can result in the charge being reduced or dismissed.
Lack of Possession or Control
The prosecution must prove that you knowingly possessed the marijuana. If the substance was found in a shared space, a vehicle with multiple occupants, or a location you did not control, there may be a viable argument that you did not have knowing possession.
Chain of Custody and Lab Issues
The prosecution must prove that the substance is in fact marijuana and that the evidence was properly handled from the time of seizure through testing. Errors in the chain of custody or problems with the lab analysis can create reasonable doubt.
Diversion and Deferred Adjudication
For first-time or low-level offenders, Texas law provides options such as deferred adjudication probation, which — if successfully completed — can allow you to avoid a final conviction on your record. We evaluate whether diversion or deferred adjudication is appropriate and advocate for the best available outcome.
Common Questions About Marijuana Charges in Texas
Will I go to jail for marijuana possession in Texas?
Not necessarily. For first-time offenders charged with small amounts, jail time is not guaranteed. Many cases resolve through probation, deferred adjudication, or diversion programs. However, the risk of jail time increases with the amount involved and any prior criminal history. Having an attorney gives you the best chance of avoiding incarceration.
Can a marijuana charge be expunged in Texas?
If your case is dismissed, you may be eligible for an expunction. If you received deferred adjudication and successfully completed probation, you may be eligible for a non-disclosure order, which seals the record from most public searches. A final conviction for marijuana possession generally cannot be expunged. Our attorneys can advise you on what record relief may be available in your specific situation.
What if the marijuana was found in my car during a traffic stop?
Vehicle searches are one of the most common ways marijuana charges arise. Whether the search was lawful depends on the specific circumstances — including whether you consented, whether there was probable cause, and whether the officer had a valid basis for the stop in the first place. These are exactly the kinds of facts our attorneys examine when building a defense.
Does it matter that marijuana is legal in other states?
Under Texas law, no. Texas has not legalized recreational marijuana, and possession in Texas is a criminal offense regardless of what other states permit. If you were charged in Texas, Texas law applies.
Treated Like Family. Defended Like Family.
Our Central Texas offices are conveniently located in Georgetown, Texas. We welcome all clients within our practice areas and treat you like one of our own.