Caden Story: A Marijuana Ticket and Texas Possession Law

Welcome to The Defense File, where we examine the criminal cases of public figures through the lens of Texas criminal law. Each entry looks at what happened in court, what the defense argued, and what a defendant would have faced, and how they might have been defended, if the same facts had occurred in Texas.

Caden Story was a four-star defensive lineman from Lanett, Alabama, a multi-time state champion who played for his father in high school before signing with Clemson in 2022. In the summer of 2024, heading into his redshirt sophomore season, he was charged with misdemeanor marijuana possession after a traffic stop. In South Carolina, it amounted to a ticket of roughly $600. His case is small, and that is the point of this entry: Texas treats small amounts of marijuana more harshly than many people expect, and it treats small amounts of concentrate as a felony.

What Happened

On Sunday, July 21, 2024, Story was charged in Pickens County with possession of 28 grams or less of marijuana, listed in court records as a first offense. The charge came out of a traffic stop. Coach Dabo Swinney, asked about it at ACC Kickoff, said early reports that Story had been handcuffed and taken to jail were “not accurate,” that he was issued a ticket for a fine “a little north of $600,” and that he would go to court “like the ticket says.”

Under South Carolina Code Section 44-53-370(d)(4), a first offense for possessing an ounce or less of marijuana, or 10 grams or less of hashish, carries up to 30 days in jail or a fine of $100 to $200. The roughly $600 ticket Swinney described likely reflects South Carolina’s court assessments and costs, which are added on top of the fine. South Carolina also offers first offenders paths, such as conditional discharge, that can end in dismissal. No public reporting shows how Story’s case was resolved.

Because the charge was a misdemeanor, Clemson did not suspend him; under the athletic department’s handbook he was subject to drug testing and team discipline. He played in eight games that fall and five more in 2025, earned his degree in sports communication in December 2025, briefly entered the transfer portal in January 2026 before withdrawing, and is back at Clemson as a graduate student for the 2026 season.

How Texas Would See It

Possession of Marijuana: A Jailable Misdemeanor

In Texas, possession of two ounces or less of marijuana is a Class B misdemeanor under Health and Safety Code Section 481.121. That carries up to 180 days in county jail and a fine of up to $2,000, six times South Carolina’s maximum jail exposure and ten times its maximum fine for the same amount. Between two and four ounces is a Class A misdemeanor, with up to a year in jail. Texas has not decriminalized marijuana statewide, and a conviction is a drug conviction on a permanent record.

The Concentrate Trap

Look closely at the South Carolina statute: it treats up to 10 grams of hashish the same as an ounce of marijuana. Texas does not. Hashish, THC oil, wax, and the cartridges in THC vape pens are generally prosecuted as tetrahydrocannabinols in Penalty Group 2, not as marijuana. Under Section 481.116, possessing less than one gram of a Penalty Group 2 substance is a state jail felony, punishable by 180 days to two years in a state jail facility. A single vape cartridge that would be a minor charge in many states can be a felony arrest in Texas, and the weight includes the oil, not just the THC in it.

Ticket or Arrest

Story received a ticket. Texas has a similar option. Under Code of Criminal Procedure Article 14.06, an officer may issue a citation instead of taking a person before a magistrate for possession of up to four ounces of marijuana, but only if the person lives in the county where the offense happened, and only where the officer chooses to. A college student from out of town, stopped near campus, often does not qualify. That is how the same amount of marijuana can mean a ticket for one driver and a night in jail for another.

The Search Is Usually the Case

Traffic-stop marijuana cases are usually won or lost on how the car came to be searched. Was the stop itself lawful? Did the officer have probable cause, or valid consent, to search? Was the marijuana actually tested, and does the lab result prove it is marijuana and not legal hemp? Texas defines marijuana to exclude hemp, so in a contested case the State generally needs a lab result showing the THC concentration, not just a field test or an officer’s opinion. Texas hemp rules have shifted repeatedly in 2026, so the testing standard is worth checking in any current case. Our Daniel Ross entry walks through the hemp problem in a Frisco traffic stop.

What Stays on the Record

The best outcome for a first-time possession case in Texas is usually a pretrial diversion program or a dismissal, because a dismissed charge can generally be expunged under Code of Criminal Procedure Chapter 55A. Deferred adjudication avoids a conviction, but because it is community supervision on a Class B offense, it cannot be expunged; the person may instead be eligible for an order of nondisclosure that seals the record from most of the public. A conviction is permanent. For a student athlete or anyone early in a career, the difference among those three outcomes matters far more than the fine.

The Real Throughline: Small Charge, Lasting Record

Caden Story’s case is about as minor as a drug case gets: a first offense, under an ounce, resolved with a ticket and no suspension. His career kept going, and the charge barely registered outside Clemson coverage. In Texas the same facts would be a jailable misdemeanor, and a small amount of concentrate in the same car would be a felony. The fine is rarely what follows a young person around. The record is.

How the Defense Plays It

• Start with the stop and the search. A suppressed search usually ends a possession case. Body camera and dash camera video often show whether consent was voluntary or probable cause was real.
• Make the State prove what the substance is. Texas law separates marijuana from hemp by THC concentration, which takes a lab test, not an officer’s nose.
• Check the weight and the penalty group. Whether the State charges plant marijuana or a THC concentrate decides whether the case is a misdemeanor or a felony.
• Aim for diversion or dismissal. For a first offense, a pretrial diversion that ends in dismissal leaves the client eligible for expunction. A plea, even to deferred adjudication, does not.
• Think beyond the courtroom. For students, athletes, and licensed professionals, school, team, employment, and licensing consequences should shape the strategy from the start.

What This Case Illustrates

Story’s charge shows how much a state line matters in marijuana cases. South Carolina capped his exposure at 30 days and $200. Texas would allow 180 days and $2,000 for the same amount, and would treat a gram of concentrate as a felony. The goal in a Texas case like this is not just a small fine. It is an outcome that leaves no conviction and no record behind.

Related Reading

• Marijuana charges in Texas
• THC vape pen charges
• Texas drug penalty groups explained
• Daniel Ross: A Frisco Traffic Stop, a Gun and the Hemp-Law Problem
• Ramonce Taylor: Five Pounds of Marijuana

Sources

• Greenville News via Yahoo Sports, Clemson football’s Caden Story charged with misdemeanor marijuana possession (July 23, 2024).
• 247Sports, Report: Clemson redshirt sophomore DL Caden Story charged with marijuana possession (July 2024).
• The Clemson Insider, Clemson defensive lineman arrested (July 23, 2024).
• Clemson Athletics, Caden Story roster profile.
• South Carolina Code Title 44, Chapter 53 (including Section 44-53-370).
• Texas Health and Safety Code Section 481.121 (Possession of Marihuana) and Section 481.116 (Penalty Group 2).

Talk to Deandra Grant Law. Deandra Grant Law defends DWI and criminal cases across North and Central Texas from offices in Dallas, Fort Worth, Allen, Denton, Rockwall, and Waco. If you or someone you know is facing a marijuana or THC charge, call (214) 225-7117 for a free, confidential consultation.

The Defense File is an educational series. It is not legal advice, and it is not a comment on the guilt or innocence of any person. Charges described here are allegations unless a conviction is noted. No public record shows how Caden Story’s case was resolved, and he is presumed innocent of the charge.