Hemp, Marijuana, and Drug Criminal Charges

NARCOTICS / MARIJUANA / DRUG CRIMES

Many different drugs and controlled substances exist under Texas Law.

Hemp and marijuana, and recent changes in the law, in particular lead to a huge number of arrests in Texas. While there has been a historic decline in marijuana arrests in Texas over the last decade, it still leads most states in numbers of marijuana arrests. This is further complicated by the existence of legally distinct hemp, which remains under near constant, ongoing litigation. Our firm has represented clients across the Dallas-Fort Worth and San Antonio Areas, and our attorneys have been on the forefront of these legal developments, representing Texans charged with marijuana offenses and teaching legal education courses regarding the mercurial law of hemp, marijuana, and THC, in both criminal and civil courts.

Legal hemp and “marijuana” are derived from the same plant, the current definition of “marijuana”* under Texas law is dictated by the amount of Delta-9 Tetrahydracannibinol (THC) it contains by weight. If it is less than 0.3%, than it is legally not criminally regulated “marijuana” according to Texas.

THC “concentrates”, under Texas law, are what the State believes to be “marijuana”, not legal hemp (again based on alleged percentage of Delta-9 THC). This includes vapes, edibles, tinctures, and essentially any non-plant product alleged to contain an illegal amount of Delta-9 THC. This does not regulate possession of products that contain Delta-8 THC, or THCA, a naturally occurring, non-psychoactive-when-inert, precursor to Delta-9 THC.*

Federal marijuana definitions are shifting as well, with new definitions set to begin in November of 2026, with the DOJ’s commitment to enforcement unknown.* Federal re-scheduling of marijuana to from I to III has also been ordered by the executive, but has not been put into effect yet.

*This refers to the legal definition of marijuana under Texas law as of April 20, 2026. Legislative change of this definition was overcome by Governor’s veto of Senate Bill 3 in 2025. As of this same date, Texas DHSH has two major ongoing cases being litigated regarding its ability to change the Texas statutory definition via the Department’s own regulatory powers (we believe it cannot). Lastly, this definition was created to match the 2018 federal farm bill that changed the federal definition, though that definition was altered again as a rider in the early 2026 federal budget stop-gap, and will go into effect in November of 2026. President Donald Trump has also signed an executive order to re-schedule marijuana from Schedule I to Schedule III federally, which does not legalize it, nor change much in the way of federal punishment. It has not gone into effect federally as of April 20, 2026. It is important not because it is legalizing marijuana federally, but recognizing that it is not a dangerous drug and has economic, medical, and scientific value, which could also affect federal research and grants on the subject.

Regarding other controlled substances, prescription drugs, and illegal intoxicants, most charges for even low-level possession are felonies under Texas law. Severity of charges are generally related to the amount of the alleged controlled substance. Criminal Possession of a Controlled Substance could result in felony charges for any detectable amount, depending on the type of drug alleged. Dilutants, or substances other than the actual controlled substance but which are mixed in or included, are also included in measuring the alleged weight. “Possession” is a broad term under Texas criminal law. Manufacture/Delivery of a Controlled Substance is also broadly defined, and raises the offense level. For example, felony possession of one to four grams of a controlled substance in Penalty Group One is a 3rd degree felony in Texas criminal law; a criminal charge of Manufacture/Delivery of the same amount would be a 2nd degree felony. The finer points of these aspects of drug cases require an experienced Texas criminal defense attorney. If you or a loved one are facing criminal allegations for possession, please contact us and allow our attorneys to help.