A marijuana or THC charge in Austin can be more serious than you expect. Texas has not legalized recreational marijuana, and a marijuana possession or THC charge can range from a misdemeanor to a felony, depending on the substance, amount, and circumstances.
There's a lot of confusion surrounding the legal status of marijuana in Austin, and enforcement laws continue to evolve. In May 2022, Austin voters passed a local ordinance to decriminalize small amounts of marijuana. However, in April 2025, a state appeals court ruled that Austin's ordinance was preempted by state law and ordered the trial court to temporarily block its enforcement while the case proceeded. Then, in July 2026, the appeals court again directed the trial court to temporarily block enforcement of the ordinance pending a trial on the merits.
This means that many Austinites still aren't sure about enforcement. Additionally, enforcement can also look different if you were arrested outside Austin city limits.
After an arrest, you may be worried about going to jail, having a permanent criminal record, losing your job, or explaining the charge to your school or employer. You may also have a more basic question: How can you be arrested for something you thought was legal?
Something you buy in a store or online can still lead to an arrest or criminal investigation if police believe the product violates Texas law.
Cannabis cases have become increasingly complicated because marijuana, legal hemp products, THC concentrates, and products containing cannabinoids may be treated differently under Texas law. Packaging, weight, chemical composition, laboratory testing, and the circumstances surrounding the search can all matter.
Facing a Marijuana or THC Charge in Austin?
Being arrested for marijuana or THC is frightening, especially if you thought the product you possessed was legal. You’re probably worried about going to jail, losing your job, explaining the arrest to your family and friends, or being saddled with a drug charge that will follow you for years. You don’t have to figure out what happens next on your own.
Our Austin defense team brings avdiverse range of experience to the table. Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has nearly 30 years of criminal defense experience. James Fletcher has earned the ACS-CHAL Lawyer-Scientist designation, giving our team advanced forensic training that can be particularly valuable when a marijuana or THC case depends on laboratory testing or the chemical composition of a seized product.
Senior Trial Attorney Dax Garvin brings another perspective. Before becoming a criminal defense attorney, Dax served as a Williamson County deputy sheriff, where his work included patrol, investigations, evidence collection, and suspect interviews. That background helps our team evaluate not only what police say happened, but how an investigation was conducted and where mistakes or weaknesses may exist.
Depending on your case, our attorneys can investigate whether the stop and search were legal, whether police had a valid warrant, whether the evidence actually connects you to the substance, whether the product was illegal marijuana or a controlled substance, and whether laboratory testing reliably establishes what prosecutors claim you possessed.
Is Marijuana Legal in Austin?
Officials in Austin and Travis County have stated that they generally prioritize more serious crimes over low-level marijuana enforcement. The Austin Police Department generally doesn’t arrest or cite people for Class A or Class B marijuana possession unless the allegation is connected to a designated high-priority felony narcotics investigation or a violent felony.
Additionally, the Travis County District Attorney has said his office prioritizes violent crime over prosecuting low-level THC cases. For some felony drug charges, the Travis County DA's office offers diversion programs that can provide eligible participants an opportunity to have their case dismissed.
These policies don't legalize marijuana or THC products, however, and an arrest or felony drug charge in Austin can still have significant consequences and must be taken seriously.
Marijuana remains illegal under Texas law. Texas Health and Safety Code §481.121 makes it an offense to knowingly or intentionally possess a usable quantity of marijuana unless authorized by law. Austin's enforcement policy does not legalize possession statewide, and different rules may apply when another offense, a felony investigation, THC concentrates, or another controlled substance is involved.
Texas also operates a limited medical cannabis program through the Compassionate Use Program. That program should not be confused with the broader medical and recreational marijuana laws in some other states.
Marijuana Possession Penalties in Texas
The potential punishment for marijuana possession generally increases according to the amount allegedly possessed.
- 2 ounces or less: Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
- More than 2 ounces but 4 ounces or less: Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- More than 4 ounces but 5 pounds or less: State jail felony, punishable by 180 days to two years in a state jail and a fine of up to $10,000.
- More than 5 pounds but 50 pounds or less: Third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.
- More than 50 pounds but 2,000 pounds or less: Second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000.
- More than 2,000 pounds: Punishable by five to 99 years or life in prison and a fine of up to $50,000.
The amount is only one factor. Allegations involving delivery, distribution, drug-free zones, concentrates, or other circumstances can result in different charges and penalties.
Marijuana vs. THC Concentrates in Texas
One of the most important questions in a Texas cannabis case is exactly what police claim you possessed.
Marijuana flower and concentrated THC products are not necessarily prosecuted under the same statute. THC oils, waxes, vape cartridges, dabs, and certain edibles can potentially be treated as controlled substances rather than marijuana.
That distinction can dramatically affect the seriousness of the charge.
If your case involves a concentrate or other THC product, your attorney should examine exactly what was seized, how it was classified, how much allegedly was possessed, and what laboratory evidence prosecutors have to establish its chemical composition.
Related: Texas drug penalty groups explained
What About Hemp, THCA and Hemp-Derived THC?
The widespread sale of hemp, THCA, Delta-8, Delta-9, and other cannabinoid products has made cannabis cases significantly more complicated.
Texas's treatment of Delta-8 changed again effective July 31, 2026, when the Texas Department of State Health Services reinstated its controlled-substance scheduling clarification for tetrahydrocannabinols. DSHS states that Delta-8 THC is a controlled substance and that only naturally occurring trace amounts in the hemp plant are exempt.
A product sold openly in a store does not necessarily comply with Texas law. Its legal status can depend on the type and concentration of THC, the chemical composition of the product, laboratory testing, and the state and federal regulations in effect at the time.
This can create a particularly confusing situation when someone purchases a product marketed as legal hemp and police later claim it is illegal marijuana or a controlled substance.
If that happens, preserve anything related to the purchase, including:
- Original packaging
- Receipts
- Product labels
- QR codes
- Certificates of analysis
- Manufacturer information
Those records may become important when determining exactly what you purchased and whether the prosecution can establish that you knowingly possessed an illegal substance.
Federal hemp law is also changing. Congress has approved a new definition of hemp that is scheduled to take effect December 11, 2026. The new definition will use a total-THC standard that includes THCA, while also placing new restrictions on certain synthesized or manufactured cannabinoids and finished hemp-derived cannabinoid products.
The changes could affect the legal status of products currently marketed as hemp, including some THCA and intoxicating hemp products.
Because federal and state hemp laws are changing quickly, the date of the alleged offense and the specific product involved can be important when evaluating a marijuana or THC charge.
How Can an Austin Marijuana Lawyer Defend You?
There is no single defense to a marijuana or THC charge. Your attorney should examine the state's evidence and the circumstances surrounding the arrest before determining the best strategy.
Potential defenses can include:
- Illegal search or seizure: Police cannot search you, your vehicle, or your property whenever they choose. Your attorney can investigate the reason for the stop, whether officers had grounds to extend a detention, whether consent was actually given, and whether a warrant was required. If evidence was obtained in violation of your constitutional rights, your attorney may seek to have it suppressed.
- You did not knowingly possess the substance: Being near marijuana does not necessarily mean you possessed it. This can become especially important when drugs are discovered in a vehicle, home, apartment, backpack, or other location accessible to several people. Prosecutors generally need evidence connecting you to the contraband.
- The substance may not be illegal: Hemp products can look and smell similar to marijuana. The fact that an officer believes something is marijuana does not necessarily resolve its chemical composition. Laboratory testing can therefore become critical in some cannabis cases.
- Problems with laboratory testing: Your attorney can examine how the evidence was collected, preserved, tested, and classified. Michael & Associates has attorneys with advanced forensic training who can scrutinize laboratory procedures and scientific evidence rather than simply accepting a test result at face value.
- Insufficient evidence of intent to deliver: When prosecutors allege possession with intent to deliver, they may rely on evidence such as quantity, packaging, scales, cash, communications, or other circumstances. Your attorney can challenge whether that evidence actually proves an intent to distribute.
What Happens After a Marijuana Arrest in Travis County?
Depending on the charge, your case may involve arrest or citation, booking, bond, court settings, discovery, laboratory analysis, pretrial motions, negotiations, and potentially a trial.
One of the defense's first priorities should be determining exactly what the state claims you possessed and how police obtained it.
Your lawyer can then review body-camera footage, police reports, search warrants, laboratory records, witness statements, and other evidence while identifying potential weaknesses in the prosecution's case.
Can an Austin Marijuana Charge Be Dismissed?
Yes, marijuana and THC charges can be dismissed, but the outcome depends on the facts and evidence in the individual case.
Potential weaknesses can include an illegal search, insufficient evidence connecting you to the substance, problems establishing that the product was illegal, unreliable laboratory evidence, or other deficiencies in the prosecution's case.
Depending on the circumstances, the charge, and your criminal history, diversion, reduction, or another resolution may also be available. Travis County operates pretrial diversion programs for certain qualifying cases, and successful completion of a diversion program can result in dismissal. Eligibility depends on the individual case, and admission is not guaranteed.
Can a Marijuana Charge Be Expunged in Texas?
Possibly. Eligibility generally depends on how the criminal case ends and whether you satisfy Texas expunction requirements.
A marijuana charge that is dismissed or results in certain other qualifying outcomes may eventually be eligible for expunction. In some circumstances where expunction is unavailable, an order of nondisclosure may be another option.
Travis County specifically identifies dismissed charges and successful completion of qualifying diversion programs among the circumstances in which a case may be eligible for expunction.
Because the resolution of your case can affect your ability to clear or seal the record later, discuss those consequences with your attorney before accepting a plea or other resolution.
Marijuana Charges Involving Austin College Students
A marijuana or THC charge can create additional problems for students at the University of Texas at Austin and other colleges in Central Texas.
The criminal case and school disciplinary process are separate. Depending on the circumstances, an allegation could affect student conduct status, campus housing, athletics, internships, clinical programs, study abroad, or other educational opportunities.
Our attorneys can help you understand both the immediate criminal consequences and how the outcome could affect your future.
Why Choose Michael & Associates for an Austin Marijuana Case?
We intentionally limit the number of cases we accept so our attorneys have the time and resources to prioritize each client. An experienced defense attorney will handle your case rather than handing it off to a junior lawyer.
Our Austin attorneys are backed by a larger defense team that includes attorneys Board Certified in Criminal Law by the Texas Board of Legal Specialization, former prosecutors, former judges, former law enforcement officers, and attorneys with advanced forensic training.
That depth of experience can be especially valuable in marijuana, THC, and hemp cases where constitutional issues and forensic science may intersect.
We can investigate:
- Whether the stop and search were legal
- Whether police had a valid warrant
- Whether the evidence actually connects you to the substance
- Whether the product was illegal marijuana or a controlled substance
- Whether laboratory testing is reliable
- Whether prosecutors can establish intent to deliver
- Whether evidence can be suppressed
- Whether dismissal, diversion, reduction, or another favorable outcome may be possible
Every marijuana case in Travis County is different. Your defense should be too.
Recent Austin Marijuana & THC Case Result
Charge: Possession of a Controlled Substance, State Jail Felony
A traffic stop for speeding led to a vehicle search after an officer reported smelling marijuana. The search recovered marijuana, drug paraphernalia, and numerous e-cigarettes containing THC.
Outcome: Three-month diversion program with standard pretrial diversion conditions.
Austin & Travis County Marijuana Resources
- CES - Counseling and Education Services: Travis County CES offers alcohol/drug assessments, a 15-hour Drug Offender Education Program, and an 8-hour Marijuana Program specifically for people arrested or cited for marijuana or paraphernalia possession.
- Communities For Recovery: Austin nonprofit providing peer recovery support, coaching, education and support groups for people affected by substance use. Travis County itself includes the organization among its recovery resources.
- Phoenix House Texas - Austin: Nonprofit with an Austin outpatient prevention center focused on substance-use prevention and education, particularly for youth and families.
- Marijuana Anonymous: This is a 12-step program for people experiencing marijuana addiction.
Facing a Marijuana Charge in Austin? We Can Help
If you have been arrested or cited for marijuana, THC, or another cannabis-related offense, don't assume that a conviction is inevitable.
Michael & Associates Criminal Defense Attorneys represents clients facing marijuana, THC, hemp, and other drug charges in Austin and throughout Travis County, including Pflugerville, Bee Cave, Lakeway, Manor, Rollingwood, Sunset Valley, and West Lake Hills.
Contact us today for a free consultation. We'll review what happened, explain what you're facing, and begin identifying the strongest path forward.
