Texas Drug Crime Laws: What to Know About Marijuana and THC Arrests

 Posted on January 19, 2026 in Drug Crimes

Drug crime charges in Texas are serious and can carry long-lasting consequences. Whether the accusation involves marijuana, THC vape cartridges, or other controlled substances, a conviction can impact your freedom, employment, and future opportunities.

If you or a loved one has been arrested for a drug offense, you need an Arlington, TX criminal defense lawyer. Understanding Texas drug crime laws, potential penalties, and your legal rights is the first step toward protecting yourself.

How Texas Drug Crime Laws and Arrests Work

Texas drug offenses are governed primarily by the Texas Controlled Substances Act. Charges depend on many factors, including:

• The type of substance

• The amount

• What prosecutors believe your intent was

• Prior criminal history

• Location of arrest

After someone is arrested for a drug crime in Texas, they are usually taken to jail for booking. This process includes fingerprinting, photographs, and a background check. In many cases, the person may be held until bail is set or until they can appear before a judge.

At the first court appearance, the judge explains the charges and may set bond conditions. Prosecutors then review the evidence and decide how to move forward with the case. This can lead to formal charges, plea negotiations, or the case being dismissed if there are problems with the arrest or evidence.

The steps that follow can move quickly, which is why it is important to understand how the process works from the start.

Marijuana Laws in Texas

Marijuana remains illegal in Texas in any form. If you have flower on you, the penalties are as follows: 

• Up to two ounces: Class B misdemeanor, up to 180 days in jail, and up to $2,000 in fines.

• Between two and four ounces: Class A misdemeanor, up to a year in jail, and up to $4,000 in fines.

• Over four ounces: Felony charges, between 180 days to 20 years in jail, and fines up to $50,000.

THC concentrates, such as vape cartridges and edibles, are treated as felonies in Texas. Possession of even less than one gram can be a state jail felony. Many people who think smoking a weed vape pen is no big deal are shocked by how seriously Texas treats these crimes.

Even if you personally think weed isn’t a big deal, you need to take any weed-related drug charge seriously. Your future depends on it.

What Are the Most Common Drug Charges in Arlington, Texas?

Drug charges in Arlington can range from minor offenses to very serious felonies. The exact charge depends on what was found, how much there was, and what police believe the drugs were meant for. Some drug charges are filed even when there is no evidence of selling or trafficking.

The most common drug charges in Arlington include:

• Marijuana possession

• THC vape cartridges

• Prescription drug offenses

• Drug paraphernalia

• Possession with intent to deliver

Prescription drug offenses usually involve medications like painkillers or anxiety drugs that were not prescribed to the person in possession. These cases often come up during traffic stops or searches. Drug paraphernalia charges involve items such as pipes, syringes, or containers used to store or use drugs and can be filed even if no drugs are found.

Possession with intent to deliver is one of the most serious drug charges. Prosecutors may file this charge if they believe the drugs were meant to be sold or shared. Factors like packaging, large amounts of cash, or even text messages can be used to support the prosecution’s case.

Your Rights After a Drug Arrest

If you are arrested for a drug crime in Texas, you still have important legal rights. What you say and do after an arrest can have a major impact on your case. Many people make mistakes early on because they do not understand their rights or feel pressured to cooperate. But understanding and using your rights can make a real difference in how a drug case unfolds.

The Right to Remain Silent

After a drug arrest, you have the right to remain silent. You do not have to answer police questions about where the drugs came from, who they belong to, or what you planned to do with them. Anything you say can be used against you later, even if you believe you are helping yourself by explaining the situation.

The Right to an Attorney

You also have the right to an attorney. You can ask for a lawyer at any time, and questioning should stop once you do. A lawyer can help protect your rights, review the evidence, and guide you through the next steps of the case. Waiting to speak with an attorney is often one of the most important decisions you can make.

The Right to Refuse to Consent to a Search

In many situations, you have the right to refuse consent to searches. This includes searches of your car, home, or personal belongings like a jacket or backpack. While police may still search under certain legal exceptions, clearly saying that you do not consent to a search can give you important legal arguments later.

Common Defenses to Drug Arrests and Criminal Charges

Not every drug arrest leads to a conviction. Some cases have legal issues that can be challenged, depending on how the arrest happened and how evidence was handled.

Common defenses in Texas drug cases include:

• Illegal searches: If police violated your rights during a search, the evidence may be excluded.

• Lack of possession: Lack of possession applies when drugs were found in a shared space and prosecutors cannot prove they belonged to you.

• Lab and evidence issues: Evidence problems, such as testing or chain-of-custody errors, can also weaken a case.

• Diversion programs: In some situations, diversion programs may allow eligible defendants to avoid a conviction by completing court-approved requirements.

Frequently Asked Questions About Drug Crimes in Texas

Can I be arrested for marijuana in Arlington, Texas?

Yes. Marijuana possession is still illegal under Texas law, and arrests continue to occur in Arlington.

Are THC vape cartridges a felony in Texas?

Yes. Even small amounts of THC concentrates are charged as felonies.

Should I talk to the police after a drug arrest?

You have the right to remain silent and should speak with an attorney before answering questions.

Can drug charges be dismissed?

Yes. Charges may be dismissed due to illegal searches, lack of evidence, or eligibility for diversion programs.

You Need an Experienced Arlington, Texas Criminal Defense Lawyer for Drug Charges

Drug convictions affect employment, housing, and your future. Getting a good lawyer fast can make a major difference in the outcome of your case. Call the Arlington drug crimes defense attorney with The Dameron Law Firm to schedule a free consultation and let us get started on protecting your rights. 817-222-0624.