Marijuana Crimes

Houston Marijuana Crimes Defense Attorney

Public opinion on marijuana has changed significantly in recent years—but in Texas, marijuana remains illegal. In many parts of the state, even a small amount of cannabis can lead to arrest and jail time. At Salinas Defense, our marijuana defense attorneys represent clients across Harris County facing all types of marijuana-related charges, from misdemeanor possession to complex felony cases, including:

Cultivation
Delivery
Felony Possession
THC Concentrates

A marijuana conviction can limit your job prospects, housing options, and access to education. Fortunately, Harris County offers several diversion and rehabilitation programs that can help you avoid jail and keep your record clean.

If you’re visiting this page, you’re already considering fighting the charges against you. Let us take it from here. At Salinas Defense, we listen to your story and build a customized legal strategy to protect your future.

With years of combined experience, our firm knows what it takes to beat a marijuana charge—or get it dismissed entirely. Call us today at (832) 820-1888 or submit your details through our online contact form for a free consultation.

We defend clients across Harris County, including in communities like South Union, Galena Park, Jacinto City, and Houston.

Possession of Marijuana

Most marijuana arrests in Texas involve small amounts of the drug and everyday people who pose no real threat to society. Yet under Section 481.121 of the Texas Controlled Substances Act, knowingly possessing marijuana is a criminal offense.

Penalties depend on how much marijuana was found:

Under 2 oz. – Class B misdemeanor
Up to 180 days in jail and a $2,000 fine
2–4 oz. – Class A misdemeanor
Up to 1 year in jail and a $4,000 fine
4 oz.–5 lbs. – State Jail Felony
180 days to 2 years in jail and a $10,000 fine
5–50 lbs. – Third-Degree Felony
2 to 10 years in prison and a $10,000 fine
50–2,000 lbs. – Second-Degree Felony
2 to 20 years in prison and a $10,000 fine
Over 2,000 lbs. – First-Degree Felony
5 to 99 years (or life) in prison and a $50,000 fine

No matter what quantity is involved, Salinas Defense is prepared to challenge the evidence, the stop, and the prosecution’s case against you.

Delivery of Marijuana

In Texas, even giving marijuana to another person is considered “delivery,” and it doesn’t matter whether money changes hands.

Examples of delivery include:

Handing marijuana to someone else
Using a third party to deliver it
Leaving it somewhere for someone to pick up

Delivery penalties are tied to the amount being transferred:

¼ oz. or less, no payment – Class B misdemeanor
¼ oz. or less, with payment – Class A misdemeanor
¼ oz.–5 lbs. – State Jail Felony
5–50 lbs. – Second-Degree Felony
50–2,000 lbs. – First-Degree Felony
Over 2,000 lbs. – Capital Felony

We understand how prosecutors aggressively pursue delivery cases. Our defense team knows how to push back and protect your rights.

DWI with Marijuana

Driving while intoxicated doesn’t only apply to alcohol. If an officer believes marijuana has impaired your physical or mental ability, you can be arrested and charged with DWI.

Although chemical tests like blood or urine analysis may be used, marijuana can remain in your system long after the effects have worn off—leading to questionable test results. You can refuse these tests, but doing so may result in a license suspension.

First-offense marijuana DWI penalties include:

Minimum 72 hours in jail
Up to $2,000 in fines
License suspension of 90 days to 1 year

Harris County Drug Court (STAR Program)

Harris County offers alternatives to jail for repeat, non-violent drug offenders through the Success Through Addiction Recovery (STAR) program.

To qualify, you must:

Have prior drug convictions or arrests—or a documented history of drug dependency
Be facing eligible charges (felony drug charges, felony prostitution, debit/credit card abuse, forgery, tampering)
Be at least 17 years old
Be a legal U.S. and Harris County resident
Have a current drug dependency

Participants engage in:

Group/individual counseling
Random drug testing
Regular court appearances
Full-time employment or school attendance

Successful completion of the program may result in your case being dismissed.

Misdemeanor Marijuana Diversion Program

Harris County’s Misdemeanor Marijuana Diversion Program was created to reduce the burden on the justice system and avoid unnecessary arrests for low-level marijuana possession.

If you’re found with 4 oz. or less, instead of being arrested, you may:

Pay a fine
Complete a 4-hour educational course

Once completed, no charges are filed and your record remains clean.

However, this program does not apply if:

You’re caught in a drug-free zone or correctional facility
You’re on probation or under court supervision

Note: Some municipalities in Harris County—such as Seabrook, Friendswood, and Lakeview—do not participate in this program.

Harris County Marijuana Defense Lawyers

Even with diversion programs available, marijuana charges in Texas carry serious risks. The team at Salinas Defense will fight for your rights, challenge every part of the case, and work to get charges dropped or reduced.

Call us at (832) 820-1888 or use our online contact form to schedule your free consultation. We represent clients throughout Harris County, including South Houston, Pearland, Almeda, Ellington, and more.