This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Houston marijuana crimes lawyer defends people throughout Houston who face marijuana charges at every level. Texas remains one of the strictest states in the country on marijuana enforcement, and a criminal conviction can affect your life for years. According to the Texas Department of Public Safety, marijuana crimes continue to make up a large share of all drug charges filed in Texas each year.
Many people are confused by the gap between Texas marijuana laws and the states where recreational use is now legal, and that confusion leads to avoidable arrests. If you or a family member faces marijuana possession charges, call LaVine Law Firm at 713-489-7806 today.
LaVine Law Firm is a trusted Houston criminal defense resource with direct experience handling marijuana possession, delivery, and distribution cases in Harris County courts. We begin every case with an immediate review of the arrest. Our team checks whether the stop was lawful, whether the search respected your constitutional rights, and whether the substance recovered was properly tested. Those early facts often determine whether a case ends in conviction or dismissal. Call our law offices at 713-489-7806 and let us start reviewing your legal options today.
Here is how we fight for clients charged with Houston marijuana crimes:
Marijuana remains a Schedule I controlled substance under federal law. It is illegal at the federal level regardless of what any state law says. Houston residents can face state and federal court charges, or both. The scale of enforcement is significant. Texas records tens of thousands of drug-related arrests each year.
Texas prosecutes many marijuana criminal charges. These include drug possession, cultivating marijuana, and delivery. Penalty group classification depends on weight. For example, 2,000 pounds triggers severe penalties. Jail time increases with larger amounts. A dangerous drug designation applies based on THC concentration. Criminal defense law treats each case on its own facts. No two cases resolve the same way.
The passage of H.B. 1325 legalized hemp in Texas. This added complexity to every marijuana case. Standard field tests cannot distinguish hemp from marijuana. Lab testing is now required to confirm THC concentration. This shift created real defense opportunities. A board-certified defense attorney uses these opportunities the same way prosecutors use the law: as a tool. Our team includes super lawyers recognized for excellence in criminal justice.
Texas handles most marijuana arrests through state courts. However, federal prosecutors step in under specific conditions. Federal charges apply when the offense occurs on federal property. They also apply when the amount draws the attention of the DEA or the FBI. Federal court jurisdiction triggers when marijuana crosses state or international borders. People arrested at Houston's airports may face federal charges in addition to state charges.
Federal marijuana charges carry harsher penalties. Federal drug trafficking statutes impose mandatory minimum prison sentences. These can mean years in prison without parole. These cases demand a defense attorney with specific experience. LaVine Law Firm handles marijuana cases at both the state and federal levels. We understand criminal defense law inside and out.
Under Texas Health and Safety Code § 481.120, delivery of marijuana means any transfer from one person to another, whether or not money changes hands. This definition includes passing a joint to a friend. Harris County prosecutors treat delivering marijuana far more seriously than simple possession and pursue felony charges even for small amounts. The stakes are higher, and the facts demand a careful review from day one.
Possession with intent to distribute is inferred when the quantity, packaging, or presence of scales and cash suggest distribution rather than personal marijuana use. A single delivery constitutes a criminal offense in Texas with lasting consequences. Our skilled criminal defense lawyer team can assess whether a delivery charge can be challenged or reduced.
Marijuana penalties in Texas depend on the quantity and the nature of the offense. Charges range from a class B misdemeanor to a first-degree felony carrying a life prison sentence. Prior convictions enhance minimum sentences at every tier. Here is the full breakdown under Texas Health and Safety Code § 481.121 for possessing marijuana:
| Amount | Charge | Penalty |
| Under 2 oz. | Class B Misdemeanor | Up to 180 days county jail; maximum fine of $2,000 |
| 2 oz.–4 oz. | Class A Misdemeanor | Up to 1 year county jail; fine up to $4,000 |
| 4 oz.–5 lbs. | State Jail Felony | 180 days to 2 years; fine up to $10,000 |
| 5 lbs.–50 lbs. | Third Degree Felony | 2 to 10 years in prison |
| 50 lbs.–2,000 lbs. | Second Degree Felony | 2 to 20 years in prison |
| Over 2,000 lbs. | First Degree Felony | 5 to 99 years or life |
Location can increase the severity of a marijuana charge. Under Texas Health and Safety Code § 481.134, committing a marijuana offense within 1,000 feet of a school, daycare, or youth center triggers an automatic one-degree enhancement. Harris County prosecutors use drug-free zone enhancements to add leverage in plea negotiations. Many defendants do not realize the enhancement applies until it is too late.
Here is how an enhancement changes the charge level:
Prosecutors must prove the offense occurred within the defined zone. That proof can be challenged, and we contest it in every case where it applies.
Delivery charges are subject to their own penalty structure under Texas law. Here are the tiers under Texas Health and Safety Code § 481.120:
| Amount | Charge | Penalty |
| Under 0.25 oz. (no payment) | Class B Misdemeanor | Up to 180 days county jail |
| Under 0.25 oz. (with payment) | Class A Misdemeanor | Up to 1 year county jail |
| 0.25 oz.–5 lbs. | State Jail Felony | 180 days to 2 years |
| 5 lbs.–50 lbs. | Second Degree Felony | 2 to 20 years in prison |
| 50 lbs.–2,000 lbs. | First Degree Felony | 5 to 99 years in prison |
| Over 2,000 lbs. | Enhanced First Degree Felony | 10 to 99 years or life |
Delivery charges involving a minor trigger additional enhancements under Texas law. A single delivery, regardless of quantity, results in a permanent criminal record. These are not charges to face without experienced legal representation.
A marijuana conviction reaches far beyond the criminal sentence. The collateral consequences can affect your life, career, and civil rights for decades. Here is what a conviction can cost you:
Facing marijuana charges can feel overwhelming, but pursuing dismissal or diversion, not just a lighter sentence, is the primary goal of every Houston marijuana lawyer at LaVine Law Firm.
A marijuana possession charge is not an automatic conviction. The prosecution must prove every element of the offense beyond a reasonable doubt. An experienced attorney builds a defense around the specific facts, from the initial stop through evidence handling, to find every available angle. LaVine Law Firm treats every Houston drug case as its own and never relies on a one-size-fits-all approach.
The legal community in Texas has seen real change since hemp became legal under H.B. 1325. Prosecutors must now prove the substance was actually marijuana through certified lab testing of the resin extracted from the plant. That requirement has produced dismissals in Texas courts and opens a powerful defense path in possession of marijuana cases.
Here are the defense strategies we use most often in Houston marijuana cases:
There are no medicinal uses recognized for marijuana under Texas law, and the law treats recreational use the same as any other possession. Every marijuana charge carries real consequences, and LaVine Law Firm fights every one with the same force.
A marijuana charge in Houston is a serious legal matter, whether it involves possession, delivery of marijuana, or a drug-free zone enhancement. Texas courts do not take marijuana crimes lightly, and neither should you. Contact LaVine Law Firm today to schedule a free consultation with an experienced Houston marijuana crimes lawyer who knows Harris County courts and is ready to fight for you. Visit LaVine Law Firm or call 713-489-7806. Do not face marijuana charges alone; call now and let us start building your defense today.
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