Fort Worth Marijuana Possession Lawyer
Marijuana is still illegal in Texas, and Tarrant County still prosecutes it. Possession of two ounces or less is a Class B misdemeanor punishable by up to 180 days in jail and a fine up to $2,000. A city or county policy somewhere else in Texas does not protect you here.
For most people the jail exposure is not the real problem. The real problem is the twenty years afterward — the apartment application, the nursing license, the background check for a job you actually wanted, the student aid form. That is what we are fighting about.
Texas marijuana possession penalties
| Amount | Offense level | Punishment range |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | Up to 180 days in jail, fine up to $2,000 |
| More than 2 to 4 ounces | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| More than 4 ounces to 5 pounds | State jail felony | 180 days to 2 years, fine up to $10,000 |
| More than 5 to 50 pounds | Third-degree felony | 2 to 10 years, fine up to $10,000 |
| More than 50 to 2,000 pounds | Second-degree felony | 2 to 20 years, fine up to $10,000 |
| More than 2,000 pounds | Enhanced first-degree felony | 5 to 99 years or life, fine up to $50,000 |
Penalties increase in a drug-free zone, and possession with intent to deliver is a separate and far more serious allegation. Concentrates, edibles and vape products are not charged under this statute at all — they are charged as Penalty Group 2 substances, where less than a gram is already a felony.
The hemp defense, and why it still works
Since 2019, Texas has defined hemp as cannabis containing no more than 0.3% delta-9 THC by dry weight, and hemp is not marijuana. That single line changed how marijuana cases have to be proven.
A roadside field test cannot measure a 0.3% threshold. Neither can an officer's nose or eyes. To convict you of marijuana possession, the State needs laboratory testing establishing that the substance exceeded the hemp limit. In misdemeanor cases there frequently is no quantitative lab result at all, because labs prioritize felonies. That is a serious problem for the prosecution and it is the first thing we look for.
First offense options in Tarrant County
Tarrant County runs several diversion programs, including a First Offender Drug Program and deferred prosecution tracks for first-time offenders. For someone who qualifies, successful completion can mean the case is dismissed and may become eligible for expunction — not a conviction, not deferred adjudication, erased.
Eligibility is narrow, the programs are administered at the District Attorney's discretion, and the application windows are short and strictly enforced. People lose access to these programs by waiting to hire a lawyer, not by being ineligible.