Denton Marijuana Defense Lawyer

Denton Marijuana Defense Attorney

Flower Cannabis | Edibles | Concentrates

Despite quickly evolving attitudes about marijuana and the concentrates/edibles made from the plant in other parts of the country, Texas remains staunchly anti-marijuana both in law and practice. Attorneys and law enforcement personnel have and continue to respond to the more lenient laws in nearby states like Colorado by cracking down all the harder on Texas who infringe.

Perhaps one of the largest-hit populations of Texans for marijuana-related charges is college students returning from weekend visits to Colorado with marijuana that they legally purchased. To be clear, possession of any amount of marijuana flower or concentrate in the state of Texas is a violation of state law and punishable by a misdemeanor or even felony depending on the type and quantity in question. This is true even if the marijuana was legally purchased or grown in another state.

Understanding Texas State Law on Marijuana

Possession of marijuana in the state of Texas will be charged as simply as a Class-B misdemeanor or as severely as a third-degree felony. The difference between what charges the state brings depend on the type of marijuana (dried flower vs. THC wax/oil) and the amount.

  • Possession of more than four ounces of dried marijuana flower will be charged as a felony and result in fines of up to $10,000 and 2 years in jail. If there are other charges involved, these may be upgraded to third-degree felony charges.
  • If possession was determined to occur within a drug-free zone (1,000 feet of a school, community center, or playground), the charges may be further enhanced.
  • Possession of fewer than four ounces of dried flower typically results in a class-B misdemeanor punishable by 180 days in jail and up to $2,000 in fines.

Marijuana Oils, Waxes, and Concentrates

The state of Texas does not classify marijuana concentrates like those used in the popular vape pens as the same type of substance that it classifies dried flower as. This means that the amount needed to qualify for a felony is far less. Possession of almost any amount of oil, wax, or concentrate can be grounds for prosecutors in the state of Texas to pursue felony charges.

Yes, this means it’s possible for someone to be charged with a felony in Texas for having a single marijuana vape pen on them. Marijuana-based substances that are charged this way in Texas include:

  • Oil
  • Distillate
  • Shatter
  • Wax
  • BHO
  • Live Resin
  • Dabs

Marijuana Edibles

Because of the amount of THC in each edible, having a dozen “marijuana brownies” can actually be a felony – depending on the amount. Edibles come in many forms, however, not just brownies. Possession of any these forms of marijuana edibles can result in felony charges:

  • Soft and Hard Candies
  • Cookies
  • Chocolate
  • Butters
  • THC-infused beverages

As more and more forms of marijuana products hit the market in other parts of the country, Texas prosecutors will continue to add banned items to these lists and will seek the maximum available penalties they can under current Texas law upon conviction.

Protecting Your Future

If you are in college and have been charged with possession of marijuana is the state of Texas, a drug conviction could affect your enrollment and ability to continue to pursue your field of education. Additionally, this conviction can show up on future background checks which may be a barrier to working in your chosen field.

Our best advice is to not take your chances with the Texas Criminal Justice System. You need an experienced and dedicated attorney who knows the law and will do everything they can to secure the best possible outcome for your trial. Too much is at stake for your future.

Contact Attorney Earl Dobson Today

If you are in Denton or the surrounding areas and have been charged with any form of possession of marijuana, Attorney Earl Dobson is here to fight for your rights. Just fill out the form on our site or call our office at (940) 591-7097 today for a free consultation.


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