Dismissal
Suppressed evidence, failed lab testing, or insufficient proof of possession can lead to dismissal, which may then be expunged.
Frisco Marijuana Possession Lawyer Protecting Your Record
Marijuana may be legal in other states, but in Texas it can still mean an arrest, a criminal record, and lost opportunities for school and work. Al Rowland helps Frisco residents, students, and visitors fight marijuana and THC charges in Collin and Denton Counties.
Charged With Marijuana Possession in Frisco?
Many marijuana arrests in Frisco start with an officer saying they smelled marijuana during a traffic stop. Others happen at parks, apartment complexes, concerts, or school campuses. However it began, a marijuana charge is a criminal case that deserves a real defense.
The stakes go beyond fines. A conviction can affect college admissions and financial aid, professional licenses, employment background checks, apartment applications, and immigration status. The goal in many marijuana cases is not just avoiding jail; it’s keeping your record clean.
Texas Marijuana Penalties by Amount
For plant-form marijuana, the charge is based on the usable quantity, as set out in Texas Health and Safety Code §481.121.
| Amount | Offense level | Possible jail or prison |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | Up to 180 days |
| More than 2 oz, up to 4 oz | Class A misdemeanor | Up to 1 year |
| More than 4 oz, up to 5 lbs | State jail felony | 180 days to 2 years |
| More than 5 lbs, up to 50 lbs | Third-degree felony | 2 to 10 years |
| More than 50 lbs, up to 2,000 lbs | Second-degree felony | 2 to 20 years |
| More than 2,000 lbs | Enhanced first-degree felony | 5 to 99 years or life |
Marijuana or Hemp? Why the Lab Results Matter
Legal hemp and illegal marijuana come from the same plant and look and smell nearly identical. The legal difference turns on the concentration of delta-9 THC, which can only be determined through laboratory testing.
That creates real problems for the State. An officer’s nose cannot tell hemp from marijuana, and field tests cannot measure THC concentration. We hold prosecutors to their burden of proving what the substance actually was.
Smell alone
Odor may not reliably distinguish legal hemp from marijuana, which can matter when challenging a search.
Quantitative testing
The State generally needs a lab test that measures THC concentration, not just its presence.
Chain of custody
Gaps in how evidence was stored, sealed, and transferred can undermine the results.
Weight
Packaging and non-usable material should not be counted toward the charged amount.
THC Vapes and Concentrates: When Possession Becomes a Felony
Texas law treats THC extracted from the plant, including vape cartridges, wax, shatter, and many edibles, as a controlled substance in Penalty Group 2 rather than as “marijuana.” That means possessing less than one gram is generally a state jail felony.
Weight is often measured including the oil, filler, or food product, which can quickly push a single item into a higher range. These cases frequently involve disputes about lab testing, product labeling, and whether the item was a legal hemp-derived product. Prosecutors sometimes agree to reduce or divert these charges, particularly for first-time offenders, but only when they are presented with a well-prepared defense.
Keeping a Marijuana Charge Off Your Record
Depending on your history and the facts, several paths can lead to a result that does not follow you for life.
Pretrial diversion
Completing a diversion program can result in dismissal and, after any waiting period, eligibility for expunction.
Deferred adjudication
Successful completion avoids a conviction and can allow you to petition for an order of nondisclosure.
Learn more about expunctions and record sealing in Texas.
Common Questions About Marijuana Charges
Is possessing a small amount of marijuana a crime in Frisco?
Yes. Under Texas law, possessing two ounces or less of marijuana is a Class B misdemeanor punishable by up to 180 days in jail and a fine of up to $2,000.
Why is a THC vape treated more harshly than marijuana?
Texas classifies THC extracted from the plant as a Penalty Group 2 controlled substance. Possessing less than one gram is generally a state jail felony, while a similar amount of plant marijuana would be a misdemeanor.
I have a medical marijuana card from another state. Does that protect me?
Generally, no. Texas does not recognize out-of-state medical marijuana cards. Texas has its own limited Compassionate Use Program with specific requirements.
Can a marijuana charge be expunged in Texas?
If the charge is dismissed, including after a diversion program, you may be eligible for an expunction. If you complete deferred adjudication, you may be able to seek an order of nondisclosure instead.
Protect Your Record Before It’s Too Late
A marijuana charge doesn’t have to define your future. Tell us what happened, and we’ll explain your options.
469-895-6555 Law Office of Al Rowland, PLLC6160 Warren Pkwy Ste. 100
Frisco, TX 75034
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