Drug charges
Dallas marijuana and THC vape lawyer.
Texas treats a bag of marijuana and a THC vape cartridge very differently: a small amount of flower is usually a misdemeanor, but the oil in a cartridge can be a felony even under one gram. The hemp rules changed again in 2025 and 2026, so a product bought legally at a store can still lead to an arrest. Many of these cases can end in diversion or a dismissal, but only if nobody pleads too fast. We check the lab result, the stop and the rules in effect on the day you were caught, in English or Spanish.
Right now
If you were just arrested or ticketed.
- 01
Do not guess what is in it
Do not tell officers what the cartridge or edible contains, or that you knew it had THC. Whether it was legal hemp or a controlled substance is a lab question, and your guess can become the State's proof.
- 02
Keep the receipt and the packaging
If you bought it at a store, save the receipt, the box, the label, any QR code and the lab certificate (COA). Take photos of the store sign. Do not throw anything away.
- 03
Read your paperwork for a court date
Some small marijuana cases start with a citation instead of an arrest. You still have to appear. Missing that date leads to a warrant and a bigger problem than the original charge.
- 04
Do not unlock your phone
Messages about buying, selling or sharing can turn a possession case into a delivery case. Say calmly that you do not consent to a search.
- 05
Call before the first court date
Diversion programs have rules about who qualifies and when you apply. The consultation is free, and we answer 24/7.
Key deadlines and numbers
- Marijuana, 2 ounces or less
- Class B: up to 180 days in jail and $2,000Source: Tex. Health & Safety Code 481.121
- THC vape cartridge or wax, under 1 gram
- State jail felony: 180 days to 2 yearsSource: Tex. Health & Safety Code 481.116
- Legal hemp line
- No more than 0.3% delta-9 THC, measured by a labSource: Tex. Agric. Code 121.001
- Hemp THC products and age
- Sales to anyone under 21 banned since September 2025
- Delta-8 and similar products
- Treated as controlled substances from July 31, 2026
Texas law
How Texas charges marijuana and THC.
Marijuana flower has its own weight table. THC oil, wax and other concentrates are charged as Penalty Group 2, the same group as ecstasy, and the weight that counts is the whole product. That is why a vape cartridge is often charged more harshly than a bag of flower.
| What and how much | Offense level | Range of punishment |
|---|---|---|
| Marijuana, 2 oz or less | Class B misdemeanor | Up to 180 days in county jail, fine up to $2,000 |
| Marijuana, over 2 oz to 4 oz | Class A misdemeanor | Up to 1 year in county jail, fine up to $4,000 |
| Marijuana, over 4 oz to 5 lb | State jail felony | 180 days to 2 years in state jail, fine up to $10,000 |
| Marijuana, over 5 lb to 50 lb | Third degree felony | 2 to 10 years in prison, fine up to $10,000 |
| THC concentrate (vape oil, wax, edibles), under 1 g | State jail felony | 180 days to 2 years in state jail, fine up to $10,000 |
| THC concentrate, 1 to 4 g | Third degree felony | 2 to 10 years in prison, fine up to $10,000 |
| THC concentrate, 4 to 400 g | Second degree felony | 2 to 20 years in prison, fine up to $10,000 |
| Pipes, papers, grinders and other paraphernalia | Class C misdemeanor | Fine up to $500, no jail |
A cartridge is weighed whole
For concentrates, the weight includes the oil and whatever it is mixed with, and with edibles it can include the whole gummy or brownie. A few cartridges or a bag of edibles can cross into higher felony levels quickly.
Source: Tex. Health & Safety Code 481.116Hemp or marijuana is a lab question
Since 2019, hemp with 0.3% delta-9 THC or less is legal in Texas, and it looks and smells like marijuana. The State needs a lab to measure the THC level, not just confirm that THC is present. From March 31, 2026, state hemp rules count total THC, including THCA, which pushed most smokable hemp flower off the shelves.
Source: Tex. Health & Safety Code 481.002The rules changed in 2025 and 2026
Hemp THC sales have been limited to adults 21 and over since September 2025. After a Texas Supreme Court ruling in May 2026, delta-8 and other THC forms besides delta-9 are treated as controlled substances from July 31, 2026, and a new federal hemp definition takes effect in November 2026. A product that was legal last year may not be legal today.
Some agencies cite instead of arresting
Texas law lets officers write a citation for small amounts of marijuana in counties that allow it. A citation is still a criminal charge with a court date, and the case is handled the same way once you appear.
Source: Tex. Code Crim. Proc. 14.06How we work
How we defend a marijuana or THC case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Challenge the stop and the smell
Many cases start with 'I smelled marijuana.' Legal hemp smells the same. We get the body camera and dashcam video and test whether the officer had a lawful reason to stop and search, and we file a motion to suppress when the search does not hold up.
02
Demand a real lab result
We find out whether the lab measured delta-9 or total THC, which method it used and when the test was done. Without a THC level, the State may not be able to prove the product was not hemp.
03
Line up the date with the rules
Because hemp rules changed several times, we check which version applied on the day of your arrest and use your receipt, label and lab certificate to show what you bought and when.
04
Work toward diversion or dismissal
Many first-time marijuana and small THC cases qualify for pretrial diversion or a reduction. A dismissal can later be expunged. We explain the conditions, the cost and the time before you agree to anything.
05
Keep a felony from sticking
When a vape case is filed as a state jail felony, we push for diversion, a misdemeanor reduction or deferred adjudication that can later be sealed, and we prepare for trial when the lab or the search is weak.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”What a marijuana or THC charge can affect.
- Can a THC vape charge affect my immigration status?
- Yes. Immigration law has a narrow exception for a single case of 30 grams or less of marijuana for personal use, but a THC concentrate charge may not fit inside it. Admitting drug use to an officer or on a form can also cause problems. Talk to us before any plea.
- Can I own a gun if I use marijuana?
- Marijuana is still a controlled substance under federal law, and federal law bars unlawful drug users from having guns. A felony THC conviction adds a separate ban. Ask us before you buy, keep or carry a firearm.
- What about my job or my CDL?
- A charge can show on background checks, and commercial drivers are subject to federal drug testing where THC from a store product can still mean a failed test. Diversion and record sealing are how we protect your work.
- Can the record be cleared?
- A dismissed case can usually be expunged. A misdemeanor deferred adjudication can often be sealed with an order of nondisclosure soon after you complete it. Felony cases have longer waiting periods.
Dallas and Odessa
Marijuana in Dallas and Odessa: what is really enforced.
Dallas voters passed Proposition R in 2024 to stop most small marijuana arrests, but in 2025 the city agreed not to enforce it after a state appeals court ruled against similar ordinances in other cities. Possession is still a crime in Dallas, and DPS troopers and county deputies were never bound by the city measure. Dallas County cases go through Lew Sterrett jail and the Frank Crowley Courts Building. In Ector County, many THC cases start with traffic stops on I-20, and they are prosecuted under the same state law.
FAQ
Questions people ask.
Is weed legal in Dallas now?
No. Proposition R is not being enforced, and state law still makes possession a crime. Two ounces or less is usually a Class B misdemeanor, and many first cases can end in diversion.
Is a THC vape a felony in Texas?
It can be. A cartridge with THC oil above the hemp limit is a Penalty Group 2 concentrate, and even less than one gram is a state jail felony. Whether your cartridge was over the limit depends on the lab result.
Is delta-8 legal in Texas in 2026?
Since July 31, 2026, Texas treats delta-8 and other THC forms besides delta-9 as controlled substances. Legal challenges are still moving through the courts, so the rule could change again. If you were arrested with delta-8, the date matters.
I bought it at a smoke shop. Can I still be charged?
Yes. Buying it in a store is not a defense by itself, but the receipt, label and lab certificate help show what you thought you had, and they can lead us to problems with the State's testing.
My 17-year-old was caught with a vape. Is that juvenile court?
No. In Texas, 17 is an adult for criminal cases. Children 10 to 16 go to juvenile court. In either case, do not let your child talk to police or school officers about the vape before you call us.
How much does it cost to hire you?
The first consultation is free. We discuss the fee and payment options up front.
Related situations
- Drug possession
- Juvenile defense
- Immigration consequences of a charge
- Clear your record
- Jail release, bond and warrants
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
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Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.