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Marijuana Possession Attorney in Houston, TX
A Houston marijuana possession attorney defends clients facing misdemeanor and felony cannabis charges under Texas Health & Safety Code § 481.121. Cory Roth Law Office fights every Harris County marijuana arrest—from simple possession to THC concentrate felonies—by challenging the stop, search, and lab testing that prosecutors rely on.
Texas Marijuana Laws: What You’re Actually Charged With
Under Texas Health & Safety Code § 481.121, possession of marijuana (the plant material — flower, leaves, stems with usable seeds) is charged by weight. The penalties scale fast.
Marijuana Flower Possession Penalties
- 2 ounces or less: Class B misdemeanor — up to 180 days in Harris County Jail and a $2,000 fine.
- More than 2 ounces, up to 4 ounces: Class A misdemeanor — up to 1 year in jail and a $4,000 fine.
- More than 4 ounces, up to 5 pounds: State jail felony — 180 days to 2 years and up to a $10,000 fine.
- More than 5 pounds, up to 50 pounds: Third-degree felony — 2 to 10 years in prison and up to a $10,000 fine.
- More than 50 pounds, up to 2,000 pounds: Second-degree felony — 2 to 20 years in prison and up to a $10,000 fine.
- More than 2,000 pounds: First-degree felony — 5 to 99 years or life, plus up to a $50,000 fine.
These weights include any usable plant material. Stems, seeds, and unusable debris should not count — a common defense angle our office uses to push borderline cases below the next penalty tier.
THC Vape Pens, Wax & Edibles Are NOT Charged as Marijuana
This is the most misunderstood — and most dangerous — area of Texas cannabis law. THC concentrates (vape cartridges, dabs, wax, shatter, oils, tinctures, gummies, and edibles) are not charged under the marijuana statute. They are charged under Texas Health & Safety Code § 481.116 as Penalty Group 2 controlled substances — the same category as MDMA.
THC Concentrate Possession Penalties (Penalty Group 2)
- Less than 1 gram: State jail felony — 180 days to 2 years and up to a $10,000 fine.
- 1 gram to less than 4 grams: Third-degree felony — 2 to 10 years in prison and up to a $10,000 fine.
- 4 grams to less than 400 grams: Second-degree felony — 2 to 20 years in prison and up to a $10,000 fine.
- 400 grams or more: Enhanced first-degree felony — 5 to 99 years or life and up to a $50,000 fine.
The kicker: the weight includes the entire mixture, not the pure THC. A 1-gram vape cartridge filled with oil that is mostly carrier solution still counts as 1 gram of Penalty Group 2 substance. That single vape pen in your console can be a third-degree felony.
If you were arrested with a vape cartridge, edible, or concentrate, you need to read our page on possession of controlled substances in Houston alongside this one.
The Hemp Defense: Texas HB 1325 Changed Everything
In 2019, Texas legalized hemp and hemp-derived products containing 0.3% or less delta-9 THC by dry weight. The problem: most police field tests cannot tell the difference between legal hemp and illegal marijuana. Both look, smell, and burn the same.
To convict you of marijuana possession, the State must now prove that the substance contained more than 0.3% delta-9 THC. That requires a quantitative lab test — not just a presumptive field test or an officer’s nose. Many Texas crime labs lack the equipment or capacity to perform this analysis on every case.
Why this matters: Hundreds of Harris County marijuana cases have been dismissed or refused for filing because the State could not produce a qualifying lab report. This is currently one of the strongest defenses available in Texas cannabis prosecutions.
Common Houston Marijuana Arrest Scenarios
Cory Roth Law Office defends marijuana cases arising from every type of Harris County encounter, including:
- Traffic stops where an officer claims to smell marijuana — the most common probable cause theory we challenge.
- Vehicle searches based on consent that was coerced or never legally given.
- Apartment and home searches where police entered without a valid warrant or exigent circumstances.
- Constructive possession cases where marijuana was found in a shared space, vehicle, or backpack and the State has to prove you knew it was there.
- Airport arrests at George Bush Intercontinental (IAH) and William P. Hobby (HOU) where TSA referred a passenger to HPD or Harris County deputies.
- College campus arrests at the University of Houston, Rice, TSU, and Houston Community College.
- Music festival and concert arrests at NRG Stadium, Toyota Center, and Houston-area venues.
- Possession with intent to deliver charges based on packaging, scales, or cash.
- Drug paraphernalia charges filed alongside the possession charge.
Enhancements That Make Houston Marijuana Cases Worse
Texas law adds enhancements that can elevate a misdemeanor to a felony or stack additional charges. The most common enhancements we fight in Harris County are:
- Drug-free zones. Possession within 1,000 feet of a school, playground, youth center, public swimming pool, video arcade, or daycare doubles the minimum term and may increase the offense level.
- Possession in a correctional facility. Bringing any amount into the Harris County Jail or a Texas Department of Criminal Justice unit is a felony regardless of weight.
- Federal property. Possession on federal land, in a federal building, or in a U.S. Post Office triggers federal jurisdiction.
- Possession plus a firearm. A weapon discovered during the arrest can lead to enhanced charges and federal exposure.
Diversion Programs & Dismissal Options in Harris County
Not every marijuana arrest has to end in a conviction. Depending on the facts, prior history, and the prosecutor handling your case, several diversion paths may be available.
Misdemeanor Marijuana Diversion Program (MMDP)
The Harris County District Attorney’s MMDP allows certain people arrested for under 4 ounces of marijuana to avoid arrest, charges, and a criminal record by completing a 4-hour cognitive decision-making class within 90 days. Eligibility depends on prior history, the circumstances of the stop, and whether other charges are pending.
Pre-Trial Intervention (PTI)
Harris County’s PTI program allows eligible first-time offenders to complete supervision, classes, and conditions in exchange for dismissal. After successful completion, the case can typically be expunged.
Deferred Adjudication
A deferred adjudication is a probationary outcome where, upon successful completion, no conviction is entered. While not a dismissal, it keeps the conviction off your record and may qualify for a future order of non-disclosure (sealing).
Outright Dismissal
In strong cases — bad stops, missing lab reports, suppression wins, or constructive possession failures — the right move is to push for dismissal, not diversion. Cory Roth Law Office evaluates each case on whether to negotiate or fight, never as a one-size-fits-all decision. We also handle related drug search and seizure challenges when the stop or search is constitutionally defective.
Defenses to Marijuana Possession Charges in Texas
Every marijuana case turns on the specific facts of the stop, the search, and the substance itself. The defenses we use most often in Houston include:
- Illegal stop. If the officer lacked reasonable suspicion to pull you over, all evidence flowing from the stop can be suppressed under the Fourth Amendment.
- Illegal search. Plain-view, consent, and probable-cause searches each have strict legal requirements. A faulty search means suppressed evidence.
- Lack of knowing possession. Under Texas v. Molina, the State must prove you both possessed the substance and knew it was in your possession.
- Constructive possession failures. In a shared car, room, or backpack, mere proximity is not enough — the State must show affirmative links to you specifically.
- Hemp vs. marijuana. Without a quantitative delta-9 THC lab report, the State cannot prove the substance is illegal marijuana.
- Usable amount. Stems, seeds, and unusable debris must be excluded from the weight that determines the charge.
- Chain of custody and lab challenges. Errors in evidence handling, contamination, or analyst qualifications can suppress test results.
- Medical use exemption. Qualifying patients under the Texas Compassionate Use Program may have a partial defense.
Learn more about the Texas medical exemption at the Texas DPS Compassionate Use Program.
Collateral Consequences of a Marijuana Conviction
Even a misdemeanor marijuana conviction in Texas can follow you long after the case ends. Clients often underestimate the long tail of a guilty plea.
- Driver’s license suspension. Texas can suspend your license for up to 180 days for a drug conviction, even if your arrest was not driving-related.
- Most Houston employers run background checks — drug convictions disqualify candidates for many roles.
- Professional licensing. Nurses, teachers, attorneys, real estate agents, and CDL holders face license review.
- Federal student aid. Drug convictions can affect FAFSA eligibility for current students.
- Marijuana convictions can trigger inadmissibility, deportation, and denial of naturalization for non-citizens — even for small amounts.
- Public and private landlords often deny applicants with drug records.
- Firearm rights. Federal law prohibits unlawful drug users from possessing firearms.
Why Choose Cory Roth Law Office
Cory Roth Law Office is a Houston criminal defense firm built on early intervention, aggressive Fourth Amendment litigation, and refusing to let clients accept a conviction when there is a better outcome on the table.
- Harris County experience. We know the local prosecutors, the diversion program coordinators, and the patterns of HPD, Harris County Sheriff’s deputies, constables, and Texas DPS troopers.
- Lab science focus. We attack THC quantification, lab protocols, and analyst qualifications — the technical weaknesses prosecutors hope you’ll ignore.
- Diversion when appropriate, trial when necessary. Every case is evaluated on its own facts. We don’t push every client toward the same path.
- Full drug-defense practice. From marijuana to
- Related Houston drug practice areas. Our work spans every penalty group, including drug trafficking defense and controlled substance possession.
- Direct attorney access. You speak with the attorney handling your case — not a case manager or paralegal.
Speak With a Houston Marijuana Possession Attorney Today
Time matters in every drug case. Early intervention preserves evidence, locks in defenses, and opens diversion opportunities that disappear after charges are filed. Whether you were arrested with a gram of flower or a felony quantity of THC concentrate, the next move you make matters.
Call Cory Roth Law Office at (832) 650-0770 or contact us online to schedule your free, confidential consultation. We defend marijuana cases across Houston, Harris County, Montgomery County, Fort Bend County, Galveston County, and Brazoria County.
Yes. Even a Class B misdemeanor marijuana charge can produce a permanent arrest record, employment consequences, driver's license suspension, and immigration risk. An attorney can often secure diversion, dismissal, or expunction outcomes that the unrepresented cannot reach on their own.
Misdemeanor marijuana cases typically resolve in 3 to 9 months, while felony cases can take 9 to 18 months or longer. Diversion participation, lab testing delays, and motion practice can affect the timeline. Most cases never go to trial — but preparing as if they will produces the best outcomes.
The legal status of Delta-8 THC in Texas remains contested. Texas DSHS attempted to schedule it as a controlled substance, but ongoing litigation has kept enforcement uncertain. Possession can still lead to arrest and charges — meaning you may need a defense even if you believed the product was legal.
Marijuana is the plant material itself, governed by § 481.121 with weight tiers in ounces and pounds. THC concentrate is the refined chemical, governed by § 481.116 as a Penalty Group 2 substance with weight tiers in grams. The penalty structure for concentrates is far harsher than for plant marijuana.
Yes. Texas Transportation Code allows suspension of your driver's license for up to 180 days following a drug conviction, even if the offense did not involve driving. The suspension is automatic upon conviction unless your attorney addresses it as part of the plea.
An arrest record can appear on background checks even if the case is dismissed or never filed. Successful completion of MMDP, PTI, or a dismissal generally allows you to seek expunction, which destroys the arrest record. Deferred adjudication may qualify for a future order of non-disclosure.
First-time offenders in Harris County often qualify for diversion programs, pre-trial intervention, or deferred adjudication — all of which can avoid a conviction and may allow later expunction or non-disclosure. The right outcome depends on the weight, type of substance, and specific facts of the stop.
Texas courts have long held that the odor of marijuana provides probable cause to search a vehicle, but the hemp legalization changes the analysis. Because hemp and marijuana smell identical, defense attorneys are increasingly successful in suppressing searches based solely on odor.
The MMDP is a Harris County District Attorney program that allows people arrested with under 4 ounces of marijuana to avoid charges by completing a 4-hour decision-making class within 90 days. Eligibility depends on prior history, the circumstances of the arrest, and whether other charges are pending.
Yes. Any amount of THC concentrate — including the oil inside a vape cartridge — is a state jail felony under Texas Health & Safety Code § 481.116. The entire weight of the cartridge contents counts, not just the pure THC, which is why even a 1-gram pen can trigger felony charges.
Marijuana jail exposure depends entirely on weight. Two ounces or less is a Class B misdemeanor with up to 180 days in jail. Four ounces to five pounds is a state jail felony carrying up to two years. Larger quantities can result in 2 to 99 years in prison.
No. Possession of marijuana for recreational use remains illegal under Texas Health & Safety Code § 481.121, even though Houston and Harris County offer diversion programs for certain low-level offenses. Only a narrow set of patients qualify for low-THC cannabis under the Texas Compassionate Use Program.