Many people assume marijuana possession in Texas is always a minor offense — but depending on the amount, how police interpret the situation, and the form of THC involved, the same arrest can result in either a misdemeanor or a felony. The difference between these charges can dramatically impact your future employment, housing opportunities, and personal freedom.
At the Law Offices of Richard C. McConathy, we’ve defended clients throughout the Dallas-Fort Worth area against marijuana charges since 2002. Our experience handling thousands of drug cases has shown that charges can escalate quickly — especially when THC concentrates or delivery allegations are involved.
If you’re facing allegations related to possession, distribution, or other marijuana offenses, understanding the specific charges and potential penalties is critical to protecting your rights.
Misdemeanor Marijuana Charges in Texas
Texas law treats smaller amounts of marijuana as misdemeanors under the Texas Health and Safety Code §481.121. These charges typically apply when someone possesses marijuana for personal use without any indication of intent to distribute.
Class B Misdemeanor (2 ounces or less)
This is the most common marijuana charge in Texas. If you’re caught with two ounces or less of marijuana, you’ll likely face a Class B misdemeanor, which carries:
- Up to 180 days in county jail
- Fines up to $2,000
- A permanent criminal record
Class A Misdemeanor (2-4 ounces)
When the amount exceeds two ounces but remains under four ounces, the charge escalates to a Class A misdemeanor with up to one year in county jail and fines up to $4,000.
A conviction creates a permanent criminal record affecting employment prospects, professional licensing, and educational opportunities.
When Marijuana Becomes a Felony in Texas
The amount of marijuana you possess determines whether you face misdemeanor or felony charges. Texas law establishes clear weight thresholds that trigger increasingly serious felony classifications.
| Amount | Charge Level | Potential Jail/Prison Time | Maximum Fine |
|---|---|---|---|
| ≤ 2 oz | Class B Misdemeanor | Up to 180 days | $2,000 |
| 2-4 oz | Class A Misdemeanor | Up to 1 year | $4,000 |
| 4 oz – 5 lbs | State Jail Felony | 180 days – 2 years | $10,000 |
| 5-50 lbs | 3rd Degree Felony | 2-10 years | $10,000 |
| 50-2,000 lbs | 2nd Degree Felony | 2-20 years | $10,000 |
| 2,000+ lbs | 1st Degree Felony | 5-99 years | $50,000 |
According to the Texas Department of Public Safety, marijuana possession remains one of the most commonly prosecuted drug offenses in the state.
Why Some People Get Felonies for Small Amounts
Not everyone arrested with marijuana faces charges based purely on weight. Several factors can elevate what appears to be a simple possession case into a felony charge:
Delivery or Intent to Distribute
Police and prosecutors look beyond the amount alone. If they believe you intended to sell or distribute marijuana, even smaller amounts can trigger felony charges. Evidence that may support delivery allegations includes:
- Individual packaging (baggies, containers separated by weight)
- Digital scales
- Large amounts of cash
- Text messages discussing sales
- Multiple transactions observed by police
Prior Convictions
Texas law enhances penalties for repeat offenders. A second marijuana possession conviction can result in upgraded charges, even if the amount would normally qualify as a misdemeanor.
THC Concentrates and Enhanced Charges
THC concentrates, vape cartridges, and edibles fall under different penalty structures than traditional marijuana flower. This distinction has become increasingly important as these products have grown more popular.
THC Vapes, Edibles, and Concentrates: The Hidden Felony Risk
Texas treats THC concentrates differently from marijuana flower, classifying them under Penalty Group 2 of the Texas Controlled Substances Act. Under Texas law, any amount under one gram of these concentrated products is a state jail felony — not a misdemeanor. Someone caught with a single vape cartridge containing 0.5 grams of THC oil faces the same felony charge as someone with five pounds of marijuana flower.
THC concentrates include:
- Vape cartridges and vape oil
- Wax or shatter
- Edibles containing THC extract
- Dabs
- Hash oil
Our firm has represented numerous clients who faced felony charges for possessing what they thought was a minor amount of a THC product. Through careful analysis of testing procedures and chain of custody, we work to identify weaknesses in the prosecution’s case.
The penalties for THC concentrate possession escalate quickly:
- Less than 1 gram: State jail felony (180 days to 2 years)
- 1-4 grams: 3rd degree felony (2-10 years)
- 4-400 grams: 2nd degree felony (2-20 years)
For more detailed information about how THC products affect DWI and drug charges, visit our article on marijuana and THC-related offenses in Texas.
Misdemeanor vs Felony: Real Consequences
Misdemeanor Consequences
Misdemeanor convictions typically result in shorter jail sentences in county facilities, greater likelihood of probation, and fewer long-term restrictions.
Felony Consequences
Felony convictions create lifelong challenges:
- Prison sentences in state facilities rather than county jail
- Loss of voting rights until sentence completion
- Permanent prohibition on firearm possession
- Severe employment barriers, especially in licensed professions
- Ineligibility for federal student loans and some housing assistance
- Immigration consequences for non-citizens, including deportation risk
According to the Texas Workforce Commission, individuals with felony convictions face significant barriers to employment, with many employers automatically excluding applicants with felony records. Professional licenses in fields like healthcare, education, and law become extremely difficult or impossible to obtain with a felony drug conviction.
Can Marijuana Charges Be Reduced?
In many cases, marijuana charges can be reduced or dismissed entirely. Our defense strategies focus on several key areas:
Challenging the Search and Seizure
The Fourth Amendment protects against unreasonable searches. If police violated your constitutional rights during the stop, search, or arrest, we can file a motion to suppress the evidence. Without the marijuana as evidence, prosecutors cannot prove their case.
Testing and Chain of Custody Issues
Crime labs must properly test substances and maintain proper chain of custody. Any break in this chain or error in testing procedures can result in dismissed charges. We scrutinize lab reports and testing procedures in every case.
Diversion Programs
First-time offenders may qualify for diversion programs requiring drug education classes, community service, drug testing, and probation supervision. Successfully completing a diversion program can result in dismissed charges and potential expunction eligibility.
Negotiating Charge Reductions
Even when the evidence seems strong, skilled negotiation can result in reduced charges. We’ve successfully negotiated numerous felony cases down to misdemeanors, and misdemeanors down to lesser offenses or dismissals.
What to Do if You’re Charged in Texas
If you’re facing marijuana-related charges in the Dallas-Fort Worth area, your immediate actions can significantly impact your case outcome.
Don’t discuss your case with police without an attorney present. Police are trained to elicit incriminating statements.
Document everything about the arrest — the stop reason, what officers said, and whether they asked for consent to search. This information becomes vital when analyzing potential constitutional violations.
Contact an experienced criminal defense attorney immediately. Early intervention preserves evidence, allows witness interviews while memories are fresh, and enables defense building before prosecutors solidify their case.
At the Law Offices of Richard C. McConathy, we’ve protected the futures of clients charged with misdemeanor, felony, and DWI offenses in Dallas County and surrounding communities since 2002. Our team has successfully dismissed or reduced charges in thousands of cases, including over 1,000 dismissed cases in the DFW area alone.
For comprehensive information about marijuana offenses and our defense strategies, visit our marijuana offenses defense page. Call (972) 528-0116 or contact us online to discuss your case. We serve Irving, Dallas, Carrollton, Richardson, and over 16 counties throughout North Texas.
Frequently Asked Questions
Is marijuana a felony in Texas?
Marijuana can be either a misdemeanor or felony in Texas depending on the amount. Possession of four ounces or more is a felony, while possession of less than four ounces is a misdemeanor. However, THC concentrates are treated more harshly — any amount under one gram is a state jail felony.
How much marijuana is a felony in Texas?
Possession of four ounces or more of marijuana is a felony in Texas. The specific felony level increases with larger amounts: 4 ounces to 5 pounds is a state jail felony, 5 to 50 pounds is a third-degree felony, 50 to 2,000 pounds is a second-degree felony, and over 2,000 pounds is a first-degree felony.
Can a marijuana felony become a misdemeanor?
Yes, in some cases felony marijuana charges can be reduced to misdemeanors through negotiation with prosecutors. This typically requires strong defense work identifying weaknesses in the prosecution’s case, constitutional violations, or mitigating circumstances. Some first-time offenders may also qualify for programs that reduce charges.
Are THC vapes treated differently in Texas?
Yes, THC vape cartridges and other concentrates are prosecuted more severely than marijuana flower. Any amount of THC concentrate under one gram is a state jail felony in Texas, whereas you would need to possess four ounces of marijuana flower to face the same charge level.
Will a misdemeanor marijuana charge stay on my record?
A misdemeanor marijuana conviction creates a permanent criminal record unless you successfully petition for expunction or receive an order of nondisclosure. However, if charges are dismissed or you’re found not guilty, you may be eligible for expunction, which completely removes the arrest from your record. An experienced attorney can advise you on your eligibility for these options.