Houston Marijuana Defense Lawyer

Board Certified Criminal Defense in Harris County & Across Texas

Recreational marijuana is still illegal in Texas, and a possession arrest in Houston carries real criminal penalties. What happens in the days immediately after that arrest often shapes everything that follows. The Law Offices of Jed Silverman defends marijuana charges at every level, from a Class B misdemeanor stop in Harris County to federal cultivation charges in Texas district court.

Attorney Jed Silverman is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than two percent of Texas attorneys. We handle drug charges across the full range of marijuana offenses, and clients work directly with skilled attorneys who know Harris County prosecutors, courts, and procedures.

Texas does permit limited medical use of low-THC cannabis through the Compassionate Use Program, which allows cannabis oil with up to 1% THC for patients with qualifying conditions. Those conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, ALS, incurable neurodegenerative diseases, cancer, PTSD, autism, chronic pain, traumatic brain injury, Crohn’s disease, terminal illness, and patients receiving hospice or palliative care. A prescription from a physician registered with the program is required. Texas also legalized hemp in 2019 under House Bill 1325, making CBD products with less than 0.3% THC legal statewide. Outside these narrow windows, marijuana remains a controlled substance under Texas law, illegal to use, possess, deliver, sell, or cultivate.

If you’ve been arrested, we’re ready to start. The Law Offices of Jed Silverman can also walk you through the marijuana possession defense process so you understand what to expect.

Call our Houston marijuana defense attorneys today at (713) 597-2221. Initial consultations are confidential.

How We Approach a Marijuana Case in Houston

No two marijuana cases are identical. The facts that determine whether a charge survives, gets reduced, or gets dismissed depend on how the stop happened, what the police found, and whether every step in that process was legally sound. We dig into those facts from the beginning.

• Investigation and evaluation of evidence: We review the police report, interview witnesses, and examine whether the substance was actually in your possession or merely near you. If the marijuana belonged to someone else in the vehicle or at the location, the state still has to prove your care, custody, and control over it.
• Protection of your civil rights: We examine whether police had probable cause to stop, search, or arrest you, whether a valid warrant was obtained, and whether it was executed correctly. Evidence obtained through an unlawful search can be suppressed under the Fourth Amendment, which may undermine the state’s case.
• Negotiated resolution: We work with prosecutors to seek reduced charges or dismissals rather than accepting the harshest outcome the state puts on the table. The goal is the best result the facts allow.
• Diversion programs to keep you out of jail: Harris County operates the Misdemeanor Marijuana Diversion Program (MMDP), which can divert eligible misdemeanor marijuana possession charges involving four ounces or less away from the courtroom entirely. Participants complete a decision-making class. If they finish the program, the case is never filed. Attorney Silverman has years of experience helping clients access diversion programs and keeping their records clean.

The MMDP applies only in Harris County and only to qualifying misdemeanor possession charges. It doesn’t extend to THC concentrate cases, delivery charges, or cases in surrounding counties. We can assess whether you’re eligible and advocate for your participation if you are.

Marijuana Possession Penalties in Texas

Texas penalizes marijuana possession based on the amount involved. Even a small amount can result in a criminal record that follows you for years.

• Under 2 ounces: Class B misdemeanor, up to 180 days in county jail and up to $2,000 in fines.
• 2 to 4 ounces: Class A misdemeanor, up to 1 year in county jail and up to $4,000 in fines.
• 4 ounces to 5 pounds: State jail felony, 180 days to 2 years in state jail and up to $10,000 in fines.
• 5 to 50 pounds: Third-degree felony, 2 to 10 years in state prison and up to $10,000 in fines.
• 50 to 2,000 pounds: Second-degree felony, 2 to 20 years in state prison and up to $10,000 in fines.
• Over 2,000 pounds: Enhanced first-degree felony, 5 to 99 years or life in state prison and up to $50,000 in fines.

Penalties for Selling or Delivering Marijuana in Texas

Delivery and sale charges carry their own penalty structure, and the range is wide. The amount involved and whether money changed hands both affect how the offense is charged.

Delivery Penalties

• Delivering a quarter-ounce or less without remuneration: Class B misdemeanor, up to $2,000 fine and up to 180 days in jail.
• Delivering a quarter-ounce or less with remuneration: Class A misdemeanor, up to $4,000 fine and up to 1 year in jail.
• Delivering more than a quarter-ounce up to 5 pounds: State jail felony.
• Delivering 5 to 50 pounds: Second-degree felony.
• Delivering 50 to 2,000 pounds: First-degree felony.
• Delivering over 2,000 pounds: Enhanced first-degree felony, 10 years to life in prison and up to $100,000 in fines.

Sales Penalties

Selling less than a quarter-ounce is a Class B misdemeanor. Selling more than a quarter-ounce is a felony. Selling any amount to a minor is a felony punishable by up to 20 years in prison. Selling more than 50 pounds can result in a sentence of up to 99 years.

Federal Penalties for Marijuana Cultivation in Texas

Growing marijuana is illegal under both Texas state law and federal law, and federal charges carry mandatory minimum sentences that apply regardless of the weight of the crop. A separate criminal count may be charged for each individual plant found on the property, and possessing materials used to grow marijuana, including seeds, fertilizer, and grow lamps, can also result in charges.

Federal mandatory minimums for marijuana cultivation include:

• Five-year minimum for 100 or more plants, regardless of weight
• Ten-year minimum for 1,000 or more plants, regardless of weight

State cultivation charges follow the same weight-based penalty schedule as possession. Both state and federal exposure are possible depending on how and where the grow operation is discovered.

THC Concentrates Face Harsher Penalties Than Marijuana

This is a distinction that catches many people off guard. THC concentrates, including wax, hash oil, shatter, dabs, vape cartridges, and edibles, aren’t classified as marijuana under Texas law. They fall under Penalty Group 2 of the Texas Controlled Substances Act, a separate statutory framework with more severe consequences: possession of any amount of a THC concentrate is a felony.

• Less than 1 gram: State jail felony, up to 2 years in state jail and up to $10,000 in fines.
• 1 to 4 grams: Third-degree felony.
• 4 to 400 grams: Second-degree felony.
• More than 400 grams: First-degree felony, 5 years to life and up to $50,000 in fines.

Purchasing THC concentrates legally in another state and transporting them into Texas can result in felony charges here. Texas Senate Bill 2024, effective September 2025, also prohibits the sale and marketing of vape products containing cannabinoids including THC, CBD, and Delta-8. If you were charged with possession of a vape cartridge, edible, or other concentrate product, your charge may be significantly more serious than a standard marijuana possession case.

Consequences Beyond Jail and Fines

A marijuana conviction carries consequences that extend well past the courtroom, and many of them apply even to first-time misdemeanor offenders.

• Driver’s license suspension: A drug conviction can affect your driving privileges in Texas. Automatic suspension applies to felony drug convictions and repeat misdemeanor drug offenders. For a first misdemeanor conviction, a judge may still order suspension if deemed in the interest of public safety.
• Federal student aid: A drug conviction can disqualify a person from receiving federal student financial aid.
• Employment: Employers in healthcare, education, law enforcement, and positions requiring security clearances routinely screen for drug convictions. A record can disqualify applicants before they reach an interview.
• Professional licenses: Nursing licenses, teaching certificates, contractor licenses, and other state-issued credentials may be suspended or revoked following a drug conviction.
• Immigration: Non-citizens face potential deportation or inadmissibility following a drug conviction, even for a misdemeanor.
• Permanent record: Without expunction or record sealing, even a misdemeanor marijuana conviction stays on your record for life.

These consequences are why keeping a conviction off your record matters, and why acting quickly after an arrest gives us more room to work with.

Defense Strategies in Texas Marijuana Cases

A marijuana charge isn’t a foregone conclusion. Under Texas Health and Safety Code Section 481.121, the prosecution must prove that you knowingly or intentionally possessed a usable quantity of marijuana. Each element of that standard creates a potential defense.

• Lack of knowledge: If you didn’t know the substance was present, that’s a recognized defense under Texas law.
• Lack of possession: When marijuana is found in a shared space, a vehicle you didn’t own, or an area accessible to others, the state must prove you exercised care, custody, control, or management over it.
• Insufficient usable amount: Texas courts have held that possession requires more than a trace amount. If what was recovered can’t be used, it may not satisfy the statute.
• Fourth Amendment suppression: We review whether the stop was lawful, whether a search was based on valid probable cause, and whether any warrant was properly obtained and executed. Evidence from an unlawful search may be suppressed, which may result in dismissal.
• Post-HB 1325 lab-test challenge: Since Texas legalized hemp in 2019, prosecutors in misdemeanor marijuana cases (4 ounces or under) must prove through lab testing that the substance’s THC concentration exceeds 0.3%. The Harris County DA requires a valid lab result before filing misdemeanor marijuana charges. Errors in testing or the absence of a valid result can be challenged and may prevent the case from being filed.
• Miranda rights: If police failed to advise you of your rights upon arrest, statements made during custody may be inadmissible.

Speak With a Houston Marijuana Defense Attorney

Contact The Law Offices of Jed Silverman if you’re facing drug charges in Houston or Harris County. Jed Silverman is a Board Certified Criminal Law Specialist who can review your case, identify which defenses apply, and give you a clear picture of where things stand. We represent clients in Houston, Harris County, and across Texas in both state and federal court.

Call today at (713) 597-2221. Initial consultations are confidential.