Is Weed Legal in Some Parts of Texas?

 Posted on May 12, 2025 in Criminal Defense

In recent years, marijuana laws have changed rapidly across the United States. As a result, many Texans are left wondering what is legal and where. Despite growing public support for cannabis reform, marijuana possession is still illegal under Texas state law. However, how these laws are enforced can vary widely depending on the county or city.

If you have been cited or arrested for marijuana possession, even a small amount, you may be facing real legal consequences. Do not assume that just because marijuana is legal elsewhere, you are protected. A Texas criminal defense attorney can help you understand the charges, evaluate your options, and work toward a favorable resolution.

What Does Texas Law Say About Marijuana?

Under the Texas Controlled Substances Act, marijuana is still classified as a Schedule I drug, meaning it is considered to have a high potential for abuse. That classification remains even though many other states now allow both medical and recreational cannabis use.

Possessing any usable amount of marijuana in Texas is a criminal offense. Even small amounts can lead to arrest, jail time, and a permanent criminal record. For example:

• Possession of up to two ounces is a Class B misdemeanor.

• Between two and four ounces is a Class A misdemeanor.

• Possession of more than four ounces is a felony.

Marijuana Enforcement Practices Differ Across Texas

While state law remains the same no matter where in Texas you are, local law enforcement policies vary significantly. In some parts of Texas, including cities like Austin, Dallas, and Houston, prosecutors have announced they will no longer pursue low-level marijuana possession cases under certain conditions. These "cite-and-release" policies may allow someone caught with a small amount to avoid jail if they meet specific criteria.

However, these policies are not consistent across the state and are often subject to change. In smaller towns and rural counties — including parts of Central Texas — enforcement can be much stricter. People are regularly arrested and prosecuted for petty marijuana offenses in counties where no local diversion policy exists.

This means that in places like Fredericksburg or Llano, a minor possession charge can still lead to jail time, fines, and a criminal record that can affect employment, housing, and more.

Are Hemp and CBD Legal in Texas?

Since the passage of the 2018 federal Farm Bill, hemp (defined as cannabis with less than 0.3 percent THC) and CBD are no longer classified as controlled substances in most forms. Texas law was updated to reflect this change, but it has created significant confusion for law enforcement.

In many cases, officers cannot determine at the scene whether a substance is legal hemp or illegal marijuana. Lab testing is required to determine THC concentration, and some jurisdictions have chosen not to pursue charges unless those tests are completed.

That said, hemp is not a free pass. If you are arrested with a substance that smells or looks like marijuana, you may still face charges while waiting for lab confirmation.

Contact a Fredericksburg, TX Criminal Defense Attorney

If you have been arrested for marijuana possession or distribution in Texas, your rights and freedom are at stake. Contact a Llano, TX marijuana possession defense attorney at Law Office of Russ Alan Baker, PLLC to schedule your consultation. We represent people charged with serious and petty marijuana crimes and will work aggressively to protect your record and your future. Call 325-216-2006 to get started.