Dallas Marijuana Defense Attorneys

Texas marijuana law is in the middle of its biggest period of change since the 1973 reorganization of the Controlled Substances Act. HB 1325 (2019) legalized hemp. Dallas County reduced prosecution of small-amount possession. The legislature passed, and the Governor vetoed, a sweeping ban on intoxicating hemp-derived products. A DSHS rule on total THC is tied up in litigation. And at the same time, THC vape pens, dab pens, wax, and edibles that do not qualify as hemp remain felonies in Texas under Penalty Group 2.

Whether a particular arrest ends in a dismissal, a misdemeanor, or a first-degree felony depends on: plant material or concentrate, hemp or marijuana, actual or constructive possession, inside or outside a drug-free zone. Deandra Grant Law represents people charged with marijuana, THC, and hemp-related offenses in Dallas County. Call (214) 225-7117 to discuss your case.

Marijuana Possession — Health and Safety Code § 481.121

“Marihuana,” as defined in § 481.002(26), means the plant Cannabis sativa L., whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant. The definition excludes hemp, defined in § 121.001(5) of the Agriculture Code as cannabis with no more than 0.3% delta-9 THC by dry weight. The definition also excludes resin extracted from the plant and any compound containing that resin (prosecuted separately, as described below).

Possession of marijuana is punished by weight:

• Two ounces or less: Class B misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
• More than 2 ounces but 4 ounces or less: Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
• More than 4 ounces but 5 pounds or less: State jail felony. 180 days to 2 years in a state jail facility and a fine of up to $10,000.
• More than 5 pounds but 50 pounds or less: Third-degree felony. 2 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. 2 to 20 years in prison and a fine of up to $10,000.
• More than 2,000 pounds: 5 to 99 years or life in prison and a fine of up to $50,000.

Delivery of Marijuana — § 481.120

Delivery and possession with intent to deliver are prosecuted under § 481.120. The penalty ladder is distinct from possession and, at most thresholds, significantly harsher:

• One-quarter ounce or less, without remuneration: Class B misdemeanor.
• One-quarter ounce or less, with remuneration: Class A misdemeanor.
• More than one-quarter ounce but 5 pounds or less: State jail felony.
• More than 5 pounds but 50 pounds or less: Second-degree felony.
• More than 50 pounds but 2,000 pounds or less: First-degree felony. 5 to 99 years or life.
• More than 2,000 pounds: 10 to 99 years or life and a fine of up to $100,000.

Delivery to a Child — § 481.122

Delivery of marijuana to a person under 17 who is not the defendant’s spouse is a second-degree felony, regardless of the amount. The offense does not require a sale; a gift is enough.

THC Concentrates, Vapes, Wax, and Edibles — Penalty Group 2

The most misunderstood area of Texas drug law is the treatment of THC products that are not plant material. Under Texas Health and Safety Code § 481.103, “tetrahydrocannabinols other than marihuana” are listed in Penalty Group 2. Resin extracted from cannabis, oils, wax, shatter, dab, vape cartridges, edibles, and any preparation containing THC that is not marijuana under the § 481.002(26) definition is prosecuted under § 481.116, not under the marijuana statute.

The punishment for simple possession of a Penalty Group 2 substance under § 481.116 is always a felony:

• Less than 1 gram: State jail felony. 180 days to 2 years.
• 1 gram or more but less than 4 grams: Third-degree felony. 2 to 10 years.
• 4 grams or more but less than 400 grams: Second-degree felony. 2 to 20 years.
• 400 grams or more: First-degree enhanced felony. 5 to 99 years or life and a fine of up to $50,000.

The weight thresholds include adulterants and dilutants, which means the entire weight of a vape cartridge or edible (not just the THC content) counts toward the felony level. A vape pen with less than half a gram of oil is a state jail felony. A small edible can push a case into third-degree-felony territory.

This distinction (plant material prosecuted as marijuana, concentrates and vapes prosecuted as Penalty Group 2) produces outcomes that surprise most people charged for the first time. A gram of cannabis flower is a Class B misdemeanor. A gram of cannabis oil is a third-degree felony.

Hemp, HB 1325, and the Testing Gap

In 2019, the Texas Legislature passed House Bill 1325, adopting the federal 2018 Farm Bill definition of hemp: cannabis with no more than 0.3% delta-9 THC by dry weight. Hemp, including CBD products, is lawful in Texas when it meets that definition. The practical problem for prosecutors is that the visual appearance, smell, and chemical presence of THC are identical between marijuana and hemp. A presumptive field test or a standard qualitative lab test can confirm that a substance contains THC; only a quantitative test can distinguish legal hemp from illegal marijuana.

That testing gap is the single most consequential development in Texas marijuana enforcement in a generation. It has caused many Texas prosecutors, including the Dallas County District Attorney’s Office, to decline the filing of low-level marijuana cases where quantitative lab testing is not practical. It has also produced a significant number of dismissals in cases that were filed. Whether a particular case can be proven depends on whether the state has, or can obtain, a quantitative delta-9 THC measurement.

Subsequent legislative and regulatory activity has further complicated this area. Senate Bill 3 (2025) would have banned intoxicating hemp-derived products outright; Governor Abbott vetoed it in June 2025. Vapes and e-cigarettes containing cannabinoids were banned effective September 1, 2025. The DSHS “total THC” rule that took effect March 31, 2026, is the subject of pending litigation. Federal legislation enacted in November 2025 changes the hemp definition itself, effective November 2026. The law in this area continues to change, and the law in effect on the date of the alleged offense is what governs the prosecution.

Drug-Free Zone Enhancements — § 481.134

Texas enhances punishment when a controlled substance or marijuana offense occurs in a drug-free zone. A drug-free zone generally means within 1,000 feet of the real property comprising a school, youth center, playground, public swimming pool, or video arcade facility, and, for certain offenses, within 300 feet of specified other locations. The enhancement can double fine caps, elevate the felony level, and impose mandatory minimums. Whether the zone enhancement actually applies is a question of measurement and proof, and zones can and should be challenged.

Driver’s License Suspension — Transportation Code § 521.372

A marijuana or drug conviction in Texas results in a driver’s license suspension even when no vehicle was involved. Under Texas Transportation Code § 521.372, the suspension period is generally:

• 180 days for drivers 21 and older.
• Up to one year for drivers under 21.
• If the defendant did not have a license at the time of the offense, denial of issuance for the same period.

Reinstatement requires completion of an approved 15-hour drug education program, payment of fees, and an SR-22 financial responsibility filing for two years after the conviction. Deferred adjudication, when available, can preserve the license.

How Marijuana and THC Cases Are Defended

Fourth Amendment Challenges

Most marijuana arrests begin with a traffic stop or a consent search. The scope of the stop, the basis for any search, and the validity of consent are all contestable under the U.S. and Texas constitutions and the Texas exclusionary rule under Code of Criminal Procedure Article 38.23. Post-HB 1325, the “odor of marijuana” as a basis for probable cause is no longer the automatic ticket to a search it once was. Many Texas courts now treat the odor as a factor rather than a standalone justification.

Affirmative Links

When marijuana or THC is found in a vehicle with multiple occupants, in a shared residence, or in luggage not exclusively associated with the defendant, Texas’s “affirmative links” doctrine requires the state to prove that the defendant specifically exercised care, custody, control, or management over the substance. Mere proximity is not possession.

Hemp / Marijuana Identification

Where quantitative delta-9 THC testing has not been performed, the state may have difficulty proving the substance is marijuana rather than legal hemp. This defense is fact-specific and depends on what testing the lab has actually done.

Weight and Classification

Every punishment threshold in § 481.115, § 481.116, 481.120, and § 481.121 is a weight-based line. Challenging the aggregate-weight calculation, contesting the inclusion of containers or residue, and disputing whether a substance is “marijuana” (plant material) versus a Penalty Group 2 concentrate can move a case down one or more felony levels.

Pretrial Diversion and Deferred Adjudication

For qualifying first-time cases, Dallas County pretrial diversion and deferred adjudication under Code of Criminal Procedure Article 42A can produce resolutions that avoid a conviction and preserve driving privileges.

Where Dallas County Marijuana and THC Cases Are Heard

Misdemeanor marijuana cases in Dallas County are filed in the Dallas County Criminal Courts. Felony marijuana and Penalty Group 2 cases are filed in the Dallas County Criminal District Courts. Both sit at the Frank Crowley Courts Building at 133 N. Riverfront Boulevard. The Dallas County District Attorney’s Office prosecutes.

Frequently Asked Questions

Isn’t marijuana basically legal in Dallas?

No. Dallas County has maintained policies reducing the filing of low-level marijuana possession cases, but marijuana remains illegal under Texas state law. Enforcement varies by officer, jurisdiction, and circumstances. Cases are still filed, and the same conduct can be fully prosecuted in a neighboring county.

I had a THC vape pen, not marijuana. Is that different?

Yes, and the difference is significant. A THC vape cartridge is a Penalty Group 2 concentrate under § 481.103, not marijuana under § 481.002(26). Possession of any amount is a state jail felony under § 481.116. This is the single most common surprise in Texas drug cases today.

If the product I was charged with is hemp, doesn’t that mean my case should be dismissed?

Maybe. Whether a product qualifies as hemp under HB 1325 depends on quantitative delta-9 THC testing. If the state cannot show quantitative THC above 0.3% by dry weight, there is a serious defense. Whether that defense ultimately succeeds depends on what testing was done and when the offense occurred.

Will I lose my driver’s license if I’m convicted?

Likely yes. Transportation Code § 521.372 imposes a license suspension on drug convictions even when no vehicle was involved. Deferred adjudication or dismissal can avoid the suspension.

Can I get my marijuana case off my record?

Possibly. Expunction under Code of Criminal Procedure Chapter 55A is available for dismissals, acquittals, and certain completed pretrial diversion programs. Orders of nondisclosure are available for some completed deferred adjudications under Government Code Chapter 411, Subchapter E-1.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. Our Dallas drug defense practice is built on forensic training that matters more in drug cases than in almost any other practice area: the ability to read the lab packet, understand the instrument, and challenge the science.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including Arrested for Drugs in Texas

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Dallas Marijuana Defense Attorneys

A marijuana or THC arrest in Dallas County may turn out to be a dismissal, a pretrial diversion, a deferred adjudication, or a felony conviction. Which of those outcomes your case becomes depends on decisions made early, including whether to talk to police, whether to consent to searches, whether the substance can be identified as marijuana versus hemp, and how the case is charged.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and surrounding North Texas counties from our Dallas office.