Is my marijuana case going to land me in the “joint”?

It seems like every time you turn around these days another state has legalized or drastically reduced the punishment for possession of marijuana. Even the great lone star state has attempted to lessen some of the penalties. HOWEVER, marijuana is still illegal in Texas. Enforcement varies from county to county. Depending on the amount of weed you are caught with some police officers will still arrest you and take you to jail. You will have to post a bond to get out of jail. What appears to be becoming a more common practice is the officer will issue a citation which requires you to appear in court and answer the charge. This “citation” is NOT a ticket. You must appear in court or a warrant for your arrest will likely be issued.


The normal weed case (you have a small amount) will be classified as a Class B misdemeanor. The range of punishment is up to 180 days in county jail and a fine up to $2,000.00. It is VERY unlikely that you would do jail time for a first offense. However, you need to be aware of the possibility.


No, I didn’t just switch topics. Texas Penal Code 49.04 defines intoxicated driving as being caused by ANY substance that impairs a driver’s faculties. Accordingly, if it is determined that you were driving under the influence of marijuana and that impaired your mental and/or physical faculties you can face the same penalties as a “normal” DWI. In addition to possible jail time and fines, you might have to deal with probation, license suspension, and community service.


Remember, weed is still illegal in Texas! You might have heard nobody gets in trouble these days for pot but why roll the dice? You sure don’t need to be driving around while smoking.

If you do find yourself facing a marijuana charge, even a citation to appear, you need to contact a criminal defense attorney who is familiar with the ever-changing legal landscape regarding marijuana laws.