Marijuana laws have been debated, revised, and reviewed throughout the country in recent years. With debate surrounding the legality of cannabis use and possession, the laws are under scrutiny and may be changed in the near future. In Texas, however, the charges involving marijuana crimes still carry heavy penalties that can affect many aspect of the offender’s future.
Almost half of the drug arrests in Texas in 2012 were for marijuana offenses, suggesting a shift in the public’s perception of the drug. Despite the rise in public approval of legalizing the drug, Texas law still bans all use of the drug. The consequences of a cannabis charge can seem overwhelming, but an attorney can fight to defend you from the effects of this allegation.
Marijuana Defense Lawyer in Austin, TX
If you’re facing the serious consequences of a marijuana offense in Austin or the surrounding areas, The Law Office of Kevin Bennett can aggressively fight on your behalf. Kevin Bennett is a drug defense lawyer who has represented hundreds of clients facing crimes related to marijuana and other drugs.
Kevin Bennett knows exactly what you’re up against and understands that a proactive defense can mean the difference in years in prison or returning to your daily life. He limits his caseload so every client can be assured he or she will receive an unparalleled level of personal attention.
Call (512) 476-4626 to schedule your free consultation with an experienced Travis County marijuana defense attorney today. We can analyze the details of your case with you and help you to choose the best option for your defense. We are not afraid to take on a challenge, and we can put your mind at ease as you begin the strenuous process of fighting a criminal charge. We proudly represent Texans in cities such as Austin, Lakeway, Tarrytown, Rollingwood, West Lake Hills and other areas in Travis County.
Texas Marijuana Information Center
- The Basics of Marijuana
- Punishment for Possession of Marijuana in TX
- Medical Uses of Marijuana
- Is Medical Marijuana Legal in Texas?
- How Close is Texas to Recreational Marijuana?
- Hemp, THCA, and THC Product Laws in Texas
- Defending You Against a Marijuana Offense in Texas
- Additional Resources
The Basics of Marijuana
Marihuana is a product of the cannabis plant and is currently used as both a recreational drug and a medical aid. This substance is commonly known by many nicknames, including:
- Weed
- Pot
- Reefer
- Dope
- Grass
- Hash
- Mary Jane
- Ganja
- Roach
Although the plant has been outlawed since the 1937 Marihuana Tax Act, the recent examination of the plant’s medicinal properties has caused a surge of support for legalizing or regulating the drug’s use. At this time 21 states have laws that legalize the use of marijuana in some form. Many states are discussing similar legislation, and organizations such as NORML have supported reform of the laws governing the drug’s use.
With more than 50% of American’s supporting the legalization of cannabis use in some form, the debate on the topic is leading to major changes across the nation. At the moment, however, the drug is still banned across Texas.
Punishment for Possession of Weed in Texas
Texas is infamous for having harsh consequences for possession or sale of cannabis. The penalties for possession can be found under the Texas Health and Safety Code Section 481.121, which states a person is in possession of cannabis if they “knowingly or intentionally possess a usable amount” of the drug. The following are the penalties for possessing marijuana in Texas.
- Possessing less than 2 ounces
- Class B Misdemeanor – Incarceration for up to 180 days in jail as well as a fine of up to $2,000
- Possessing between two ounces and 4 ounces
- Class A Misdemeanor – Incarceration for up to 1 year in prison as well as a fine of up to $10,000
- Possessing between 4 ounces and 5 pounds
- Third-Degree Felony – Incarceration for up to 2 years in prison as well as a fine of up to $10,000.
- Possessing between 5 pounds and 2,000 pounds
- Second-Degree Felony – Incarceration for up to 10 years in prison as well as a fine of up to $10,000.
- Possessing more than 2,000 pounds
- First-Degree Felony – Incarceration for up to 99 years in prison as well as a fine of up to $50,000.
Medical Uses of Cannabis
The cannabis plant yields several substances that have been shown to treat a variety of symptoms. The plant is known to increase appetite, decrease nausea, and can reduce anxiety induced inflammation and other issues. Testing continues to explore the medical benefits of the plant, but it is currently used as treatment for illnesses including:
- Osteoarthritis
- Glaucoma
- Multiple Sclerosis
- Fibromyalgia
- Lou Gherig’s disease
- Epilepsy
- Rheumatoid arthritis
Is Medical Marijuana Legal in Austin, TX?
Medical marijuana was legalized in the state of Texas on June 1, 2015 with the passage of Senate Bill 339. The legislation allows patients who qualify to have access to low-THC cannabis under the Texas Occupations Code § 169.001. However, patients must be eligible for the medical marijuana under strict guidelines and the cannabis can only be prescribed to them by a physician who is qualified under the Compassionate Use Registry. In addition, medical marijuana is only considered legal if:
- It’s no more than .05 percent by weight of THC; and
- Not less than 10 percent by weight of CBD
Unfortunately, not many people can have access to the benefits of medical marijuana. The Texas Compassionate Act only allows patients who have been diagnosed with intractable epilepsy, multiple sclerosis, incurable neurodegenerative diseases, ALS, terminal cancer, or autism to obtain a medical marijuana card. Although there has been reasonable effort to expand medical marijuana guidelines, none have been made as of February 2020.
How Close is Texas to Legalization?
Texas remains far from legalizing recreational marijuana, but the conversation around cannabis has evolved significantly in recent years. While many states have moved forward with full legalization, Texas has taken a much more gradual and restrictive approach. Recreational marijuana is still illegal, and there is currently little political support at the state level for full legalization. Instead, lawmakers and regulators have focused on tightening hemp regulations and making limited expansions to existing cannabis-related laws rather than opening the door to a broader legal market.
One of the most important developments has been the expansion of the state’s medical marijuana program under the Texas Compassionate Use Program. Over time, lawmakers have gradually increased the number of qualifying conditions and raised the allowable THC limits for medical cannabis products. Conditions such as PTSD, cancer, and certain neurological disorders are now included, and patients can access low-THC cannabis through licensed dispensaries. However, the program remains highly regulated and more limited compared to medical marijuana systems in many other states.
At the same time, attempts to significantly loosen cannabis laws have faced major obstacles. In 2025, Texas lawmakers passed a bill that would have effectively banned most THC-containing hemp products, but it was vetoed by Governor Greg Abbott. Rather than fully banning these products, the state moved toward stricter regulation, resulting in new rules taking effect in 2026 that heavily restrict intoxicating hemp products, particularly smokable forms. This reflects the broader approach in Texas, where policymakers have shown a willingness to regulate and limit cannabis-related products but not to legalize recreational use.
There have also been ongoing efforts to reduce penalties for marijuana possession, though progress has been uneven. Some cities and counties in Texas have adopted local policies that deprioritize or effectively decriminalize low-level marijuana possession, often issuing citations instead of making arrests. However, these policies are not uniform across the state, and marijuana possession remains illegal under Texas law.
Defending You Against a Marijuana Offense in Texas
Weed charges make up the majority of drug-related arrests in Texas, as well as in all other states across America. There are many crimes associated with the drug and its use, including:
- Possession of Marijuana
- Sale or Distribution of Marijuana
- Possession of THC Oil, Wax and Concentrates
- Trafficking in Marihuana
- Possession of Paraphernalia
- Cultivation of Cannabis / Grow Houses
All of these offenses carry the potential for severe penalties. A conviction could mean jail time, thousands in fines, suspension of your driving privileges, mandatory drug treatment, and a permanent mark on your criminal record that can interfere with your future employment and education opportunities.
For students, your entire future could be on the line. Schools such as University of Texas have the right to discipline students for offenses committed both on and off campus. If you are arrested for a pot offense, you will be called to a student disciplinary hearing, where you may face consequences such as suspension, withholding of your degree, or expulsion.
An Austin criminal defense attorney is not able to directly represent you at this hearing, but he can be present to advise you as to how to proceed and when to object. He can outline your options for you and talk you through how to defend your college career against these allegations.
As with most drug-related offenses, there is always a question of your constitutional rights. If the marijuana was discovered during an illegal search without a proper warrant, it may be inadmissible in court. An experienced Austin attorney like Kevin Bennett can use his knowledge of the criminal justice system in Texas to seek out a weak point in the prosecution’s case against you. This means thoroughly examining every detail of your arrest and ensuring that your rights are upheld.
Hemp, THCA, and THC Product Laws in Texas
Recent changes to Texas hemp laws have created a new category of criminal risk for both consumers and businesses. While hemp remains legal under Texas law, the definition of what qualifies as a legal hemp product has become much stricter. Under updated rules from the Texas Department of State Health Services (DSHS), hemp products must now comply with a “total THC” standard rather than simply staying below 0.3% delta-9 THC.
This means that a product is no longer judged only by the amount of active THC it contains at the time of testing. Instead, the law now considers the total potential THC content, including THCA, which converts into delta-9 THC when heated. Because most hemp flower and smokable products naturally contain significant levels of THCA, many items that were previously sold legally in Texas no longer meet the legal definition of hemp.
As a result, products such as hemp flower, THCA flower, pre-rolls, and certain concentrates like live resin or rosin may now be treated as illegal cannabis if they exceed the total THC limit. This has created a situation where possession or sale of these products can lead to criminal charges similar to traditional marijuana offenses.
What Qualifies as an Illegal Hemp or THC Product?
Under the updated regulations, a hemp product may be considered illegal if it meets any of the following conditions:
- The product exceeds 0.3% total THC when accounting for THCA conversion
- The product is intended for smoking and contains non-compliant THC levels
- The product is not properly tested, labeled, or registered with the state
- The product is sold to a person under the age of 21
Because THCA is now included in THC calculations, many smokable products automatically exceed the legal threshold. This means that even if a product was purchased legally before the rule change, possession of that same product after the new rules take effect could potentially be treated as possession of marijuana under Texas law.
Penalties for Illegal Hemp and THC Products in Texas
If a hemp product is determined to be non-compliant, it may be treated as marijuana under the Texas Controlled Substances Act. This means that penalties for possession can mirror traditional marijuana charges, depending on the amount involved.
For consumers, possession of an illegal THC product could result in:
- Class B misdemeanor for small amounts, carrying up to 180 days in jail and fines up to $2,000
- Class A misdemeanor for larger amounts, with up to one year in jail and higher fines
- Felony charges for possession of larger quantities or concentrated THC products
- For businesses, the consequences can be even more severe. Selling or distributing non-compliant hemp products may result in:
- Criminal charges for distribution of a controlled substance
- Revocation of licenses and registrations
- Significant fines and administrative penalties
- Seizure of inventory and business shutdown
In addition to criminal penalties, businesses may face civil enforcement actions from state agencies for failing to comply with testing, labeling, or licensing requirements.
Defending Against Hemp and THC Charges
As with traditional marijuana offenses, there are several potential defenses that may apply to hemp-related charges. One of the most common issues is whether the product in question was properly tested and classified. Because the distinction between legal hemp and illegal marijuana now depends on laboratory analysis, inaccurate or incomplete testing can play a critical role in a defense.
Another possible defense involves lack of knowledge. Prosecutors must typically show that a person knowingly possessed an illegal substance. In cases involving hemp products, a defendant may argue that they believed the product was legal, especially if it was purchased from a licensed retailer or labeled as compliant hemp.
Search and seizure issues also remain important. If law enforcement obtained the product through an unlawful search or without a valid warrant, the evidence may be excluded from court. This can significantly weaken the prosecution’s case and may result in charges being reduced or dismissed.
For businesses, defenses may include demonstrating compliance with state regulations at the time of sale, reliance on third-party lab results, or challenging the interpretation of testing standards. Given the complexity of the new rules, enforcement actions may be subject to dispute, particularly during the early stages of implementation.
Additional Resources
Study Shows Cannabis Relieves COVID-19 Symptoms | Forbes – Visit the official website for Forbes to read an article by Lindsey Bartlett detailing how a promising new study in Canada has revealed how some cannabis strains can reduce severe COVID-19 symptoms. Access the site to learn how marijuana can relieve a “cytokine storm,” which is another term for acute respiratory distress due to COVID-19, and the anti-inflammatory potential for cannabis.
Marijuana Laws in Texas – Visit the official website for the Texas Penal Code to learn more about the penalties for possession of cannabis. Access the site to learn what drug schedule marijuana is classified under, how cannabis is defined under Texas law, the consequences for possessing it, and other related criminal offenses.
Marijuana Defense Attorneys in Austin, TX – Visit the Lawyer Legion website to find a directory of the top cannabis defense lawyers in Austin, TX. The attorneys are ranked by important criteria such as their membership and leadership in the National Legal Committee (NLC) for the National Organization for the Reform of Marijuana Laws (NORML) and other criminal defense organizations in Texas.
Texas DSHS Updated Hemp Regulations – This release from the Texas Department of State Health Services (DSHS) explain the new, tighter regulations on hemp and THCA products.
Marijuana Possession Attorney in Austin, Texas
If you’ve been arrested for a marijuana crime in Travis County, you need the help of an experienced attorney to defend your future. Kevin Bennett can minimize the stress that you face and help you feel confident as you proceed. Don’t wait another moment to secure legal representation with an experienced Austin marijuana defense attorney today.
The more time that you have to prepare your defense the better, so don’t hesitate to enlist the help of a skilled lawyer. Call (512) 476-4626 today to schedule your free consultation appointment and get your case started on the right track. We accept clients throughout Travis Couny including Pflugerville, Lakeway, Lago Vista, Manor, Bee Cave, and Jonestown.
