
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:
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 832 202-8409 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.
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.
No matter what quantity is involved, Salinas Defense is prepared to challenge the evidence, the stop, and the prosecution’s case against you.
In Texas, even giving marijuana to another person is considered “delivery,” and it doesn’t matter whether money changes hands.
We understand how prosecutors aggressively pursue delivery cases. Our defense team knows how to push back and protect your rights.
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.
Harris County offers alternatives to jail for repeat, non-violent drug offenders through the Success Through Addiction Recovery (STAR) program.
Successful completion of the program may result in your case being dismissed.
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.
Once completed, no charges are filed and your record remains clean.
Note: Some municipalities in Harris County—such as Seabrook, Friendswood, and Lakeview—do not participate in this program.
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 832 202-832 202-84098409 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.
No. Texas has not legalized recreational or general medical marijuana. Possession of any usable amount remains a criminal offense, with under two ounces charged as a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. What Texas did legalize in 2019 is hemp, defined as cannabis with less than 0.3 percent delta-9 THC, which is why some products are sold openly and why lab testing in marijuana cases has become a real battleground.
The Misdemeanor Marijuana Diversion Program, run by the Harris County District Attorney, lets most people caught with under four ounces avoid arrest and prosecution by completing a four-hour class within 90 days. No case is filed and there is no record to expunge. People who are ineligible include anyone on bond or probation, anyone with a warrant, and anyone caught in a drug-free zone or with other charges. If you were arrested rather than diverted, the reason is usually one of those exclusions.
Because Texas classifies THC concentrates, meaning wax, oil, vape cartridges, edibles and anything other than the plant itself, in Penalty Group 2 of the Controlled Substances Act rather than as marijuana. Possession of under a gram of a Penalty Group 2 substance is a state jail felony. A single vape cartridge bought legally in another state can be a felony in Houston. This is one of the most common surprises we see in marijuana cases.
Only with a lab test measuring THC concentration, and for a long time after the 2019 hemp law many Texas labs could not do that. Field tests and an officer's opinion cannot distinguish the two. The Harris County DA's office declined to prosecute many marijuana cases for this reason. Whether the State can and did test the substance is one of the first questions in any current marijuana case.
Yes. Texas DWI law covers intoxication by any substance, not only alcohol, and there is no legal THC limit the way there is a 0.08 blood alcohol limit. The State has to prove you lost the normal use of your mental or physical faculties, usually through field sobriety tests and a blood test. Because THC stays detectable for days after any impairment has passed, the blood result alone proves very little, and these cases are more defensible than alcohol DWIs.
Texas has a narrow Compassionate Use Program covering low-THC cannabis for specific conditions, prescribed by a registered physician. A medical card from another state is not a defense in Texas. Outside the Compassionate Use Program, medical need is not a legal defense, though it can matter at sentencing and in negotiations with the prosecutor.
Yes. Any drug conviction in Texas, including a Class B marijuana possession, triggers a 180-day driver's license suspension and a required drug education course, even when no vehicle was involved. This is often a heavier practical consequence than the fine. It is also one reason to seek a resolution that avoids a conviction, such as diversion or deferred adjudication, both of which avoid the automatic suspension.
If the case is dismissed, including through the diversion program, you can have the arrest expunged. If you complete deferred adjudication, an order of nondisclosure will seal the record from most employers. A conviction cannot be expunged. Given how many marijuana cases in Harris County end in dismissal or diversion, the outcome that leaves a permanent record is usually avoidable with the right approach.
At Salinas Defense, your consultation request is confidential, and our team is here to help you take the next step with clarity and confidence.

If you’ve been charged with a crime, you need a skilled and aggressive legal team on your side. Salinas Defense is ready to fight for your rights and protect your future.

Don’t let your past dictate your future. Whether you need to expunge a prior arrest or clear your record for employment, Salinas Defense provides the straightforward guidance needed to navigate the Texas legal system. We fight to ensure a single mistake doesn’t define the rest of your life.
