Marijuana Laws in Texas

Sept. 28, 2019

Like it or not, marijuana remains illegal in the state of Texas. Perhaps that will change in the future, but as of this writing, its possession, use, cultivation, sale, and distribution remain prohibited by law.

With that being said, there are a few things you should know about marijuana laws in Texas.

Basic Pot Laws

If you are caught with less than 2 ounces of marijuana, you may be charged with a class B misdemeanor, which carries a punishment of up to 6 months in jail and a fine not to exceed $2,000. If you are found in possession of over 2 ounces and less than 4 ounces, you will be charged with a class A misdemeanor, which carries a punishment of up to 1 year in jail and a fine not to exceed $4,000. Anything more than this and you are looking at felony charges.

One of the most common reasons people are charged with marijuana offenses, in my experience, is from smoking in public or in a car. If an officer smells pot in your car, that is all he or she needs to search your ENTIRE vehicle. DO NOT smoke pot in your car or in public!


Edibles are a big no-no. Texas has some very harsh laws concerning marijuana-laced consumables. Once marijuana has been infused into food or oil, it ceases to be treated as a marijuana offense and becomes a controlled substance. What's worse, the entire weight of the consumable may be used to weigh what is now a controlled substance. Your one pound of flour and one-half pound of sugar mixed with one ounce of pot will now be treated as if it were 25 ounces of cocaine. Your class B misdemeanor just became a serious felony. DO NOT create or possess consumables in Texas!

Social Media

DO NOT POST CRIMINAL ACTIVITY ON SOCIAL MEDIA. Yes, it's a free country and you are able to post photos of you smoking marijuana online. However, photos of you breaking the law can be used to build a case against you in certain circumstances. As a general rule, NEVER post incriminating photos of yourself on the internet. The less evidence that can be used against you, the better.

In closing, while I do not agree with some of the harsher marijuana laws in Texas, they are still very real and can lead to very serious charges. I do not recommend ever breaking the law, but if you do, please keep the consequences in mind. If you have been charged with a marijuana offense, or any other criminal offense, be sure to speak with an attorney as soon as you are able to do so.