Is Marijuana Illegal in Houston, TX?

08 Jul 2022
Greco Neyland, PC

The patchwork of marijuana laws that occur from state-to-state and at the federal level can make cannabis a confusing subject. It’s possible to get into a great deal of trouble if you make assumptions.

Here’s what you need to know about Houston’s marijuana laws.

Medical Marijuana

Medical marijuana is available to people who have the following medical conditions:

  • Epilepsy
  • Seizures
  • Multiple sclerosis
  • Spasticity
  • Amyotrophic lateral sclerosis
  • Autism
  • Terminal cancer
  • Incurable neurodegenerative diseases

You must have a prescription from a Compassionate Use Program-certified physician. You must be a permanent resident of Texas to get the prescription, and the physician must decide the benefit of prescribing medical marijuana outweighs the risks. The prescription must be registered with the Compassionate Use Registry of Texas (CURT). All medical marijuana must be purchased from licensed dispensaries.

There are only a handful of them in Texas. Houston’s first one recently opened in the Heights.

Recreational Marijuana

Recreational marijuana remains 100% illegal in Texas.

  • Possession of 2 ounces or less is a Class B misdemeanor.
  • Possession of up to 4 ounces is a Class A misdemeanor.
  • Possession of 4 ounces to 5 pounds is a state jail felony.
  • Possession of 5 to 50 pounds is a 3rd Degree felony.
  • Possession of 50 to 2000 pounds is a 2nd Degree felony.
  • Possession of more than 2000 pounds is a 1st degree felony.

Some Texas cities have decriminalized marijuana, but Houston is not one of them.

CBD is legal in Texas, but they must be derived from hemp plants carrying no more than 0.3% THC. Delta-8 THC is also legal, within the same restrictions.

Any marijuana charge should be taken seriously!

If you are charged with marijuana possession then you will need help from a qualified criminal defense attorney. If you or a loved one are in trouble here in Houston, TX, don’t hesitate to reach out to our offices right away.

We can often work to get marijuana charges dropped, dismissed, or reduced, or are fully prepared to defend you at trial if necessary. Marijuana charges are often also good candidates for pretrial diversion, which can help keep criminal charges off your record.

We’ll review the facts of your case and will help you craft a legal strategy which will allow you to move forward.

See also:

How Pretrial Diversion Works in Houston, TX

Is Ignorance of the Law a Valid Defense in a Houston, TX Criminal Case?

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

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