Criminal Defense in Texas for Marijuana Possession and Cultivation Charges

With the recent election increasing the number of states where Marijuana is able to be legally purchased and consumed, confusion continues to remain in the state of Texas as to whether or not all forms of Marijuana and possession thereof remain illegal. Many Texans, including students returning to Tarrant County from Colorado, failed to understand that even though they obtained marijuana legally outside of Texas, transporting it into and possessing it inside of the state still remained a crime fully punishable by Texas statutes.

Tarrant County | Fort Worth Marijuana Attorney

If you or someone you know has been charged with marijuana possession or transporting it across state lines, it would be a serious mistake to think these charges will not be fully prosecuted because other states treat marijuana differently. The best thing you can do is contact an experienced and qualified criminal defense attorney in your area who knows the law and can help protect your rights.

Knowing Texas Laws on Marijuana

Bringing in Marijuana into the state – even when it has been legally obtained in Colorado or another state where it is legal – is still against the law. To date, Texas prosecutors fully prosecute those found in possession of marijuana that was legally obtained outside of the state of Texas. This includes any of the following:

  • Flower, or any part of the plant itself (this includes “clones” and seeds)
  • Paraphernalia
  • Edibles
  • Oils, Mixtures, Topical Ointments
  • Cartridges / Wax / Concentrates

What’s more, the penalties for possession or transportation across the state line for concentrates/oils/waxes are much harsher than the plant itself.

There are a few exceptions. These include seeds that have been sterilized so that they may not be germinated and certain products made from fully mature marijuana plants.

Possible Penalties for possessing or bringing Marijuana, edibles, or concentrates into Texas

The state of Texas will pursue any Marijuana related charge against you as a felony. This means that, if convicted, any or all of the following may occur:

  • You may be sentenced to prison or jail time
  • You may have your driver’s license suspended
  • You will have a permanent criminal record that will follow you for the rest of your life
  • You will likely have to pay expensive fines as well as court fees, etc.


In the event that law enforcement determines you brought marijuana or edibles into the state in order to deliver them to a third party, they may also charge you with trafficking. This isn’t as common or as easy to prove, but it’s an easy additional charge for a prosecutor to add in an attempt to build a stronger case against you.

One common misconception many people have is that you must receive payment for there to be any “trafficking”. According to Texas State Law, however, a Class B Misdemeanor may still be charged even if there was no money changing hands and the amount in question was less than ¼ of an ounce. This is immediately upgraded to a Class A Misdemeanor if money changes hands or a State Jail Felony if the amount is greater than ¼ ounce.

Get Started On Your Defense

Protecting your rights is the priority when you are facing a criminal drug possession or trafficking charge in the state of Texas. Time is of the essence, fill out the form on our site or give our office a call at 817.924.2222 as soon as you can so we can start building a case in your defense.