Marijuana vs. THC possession in Texas

Marijuana vs. THC possession in Texas

Marijuana vs. THC possession in Texas – which county you’re in can impact your case… Marijuana related offenses are prosecuted differently around the state of Texas.

To be clear – the TX Health & Safety Code says that you can be arrested and charged for possession of any “usable” amount of marijuana. However, in counties like Harris county (and others) there is a policy of the District Attorney’s office with regard to marijuana possession offenses to not prosecute for misdemeanor amounts (less than 4 ounces). Keep in mind though, if you’re accused of doing anything else illegal – DWI, unlawful carry of a weapon, anything more serious than a traffic offense…and you ALSO are in possession of marijuana, you will be charged with both crimes.

In smaller TX counties (Montgomery county, for example…but many, many others) you are likely STILL going to be arrested and charged with possession of marijuana for ANY usable amount.

In pretty much every county in TX, including Houston, Harris County, you will be arrested and charged for possession of ANY amount of THC concentrate (delta-9, marijuana derived). That means a vape pen, edible or tincture containing any amount of THC concentrate (delta-9, marijuana derived) is going to get you arrested and charged with a crime.

Just be aware that the exposure for MJ concentrate is much different than flower, both in the law, and how the cases are prosecuted across the state of Texas.
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