Is Marijuana Legal in Certain Texas Cities Now? 

 Posted on November 07, 2024 in Criminal Defense

Both federal and local elections were held this week, and one outcome that is making headlines all over Texas is the legalization of small amounts of marijuana in three cities: Dallas, Lockhart, and Bastrop.

Does this mean that police are less likely to pursue marijuana charges outside of these cities? And if you live in Plano, could you just drive 30 minutes south to Dallas to buy weed legally? Our Texas criminal defense attorneys tell you what you need to know about the changes to the law.

Where is Weed Legal in Texas? 

Voters in Dallas, Lockhart, and Bastrop all approved measures decriminalizing the possession of four ounces or less of marijuana. Police in these cities now cannot arrest people or issue misdemeanor citations for possession, and cannot use the small amount of marijuana as probable cause, although there are some exceptions. If someone is being investigated or charged with a felony involving narcotics or violent crime, officers can still pursue marijuana-related charges.

Marijuana users should also be very wary of pushing their luck when it comes to possessing large amounts of marijuana. Visually, it is not so easy to distinguish between four ounces and five ounces of marijuana, and being caught with just four and a half ounces will still be a felony. If convicted for possession alone, you face up to two years in jail, fines up to $10,000, and a permanent mark on your criminal record.

Furthermore, marijuana still remains illegal in the rest of the state and anywhere in the country under federal law. Driving while high is still against the law everywhere. If you decide to drive to Dallas to smoke weed, beware – you could still end up facing serious criminal charges.

Selling and Distributing Weed in Any Amount is Still Illegal in Texas

Even though possessing four ounces or less of weed may now be legal in certain cities, people who carry large amounts of weed may still face accusations of selling or distributing marijuana. Selling or distributing marijuana in any amount is still a crime, and people facing charges of selling or distributing face, at a minimum, a misdemeanor charge.

Keep in mind that it does not take much for a distribution or sale charge to be upgraded to a felony. There are about 28 grams in just one ounce, and distributing more than seven grams is a felony charge with penalties that increase with the amount of weed:

• Between seven grams and five pounds of marijuana is a state jail felony.
• Between five and 50 pounds of marijuana is a second-degree felony.
• Between 50 and 2,000 pounds of marijuana is a first-degree felony.
• More than 2,000 pounds is a first-degree felony punishable by life imprisonment.

What Should I Do if I Am Facing Marijuana Charges in Texas? 

No matter how firmly you believe that, in the words of Willie Nelson, "Marijuana is an herb, not a crime," the law sees it differently and you need to take drug charges of any kind very seriously. People's lives are changed every day in Texas because of drug charges related to marijuana.

If you are facing marijuana charges in Texas, talk to an experienced criminal defense attorney who knows local prosecutors and will fight for your future. You owe it to yourself to make sure you have the best criminal defense available. At The Crowder Law Firm, P.C., we are very aggressive about protecting clients from serious crimes and are not afraid of threats from prosecutors and police.

Contact a Collin County, TX Marijuana Charge Defense Lawyer

Schedule a free consultation to talk about your case and review your options with one of the experienced, hard-hitting Plano, TX criminal defense attorneys at The Crowder Law Firm, P.C.. Call 214-544-0061 today to get started.