Will I Go to Jail if I Am Caught With a Joint in Texas?

 Posted on February 04, 2025 in Criminal Defense

As more and more states move toward marijuana legalization, Texas remains one of the places with some of the strictest drug laws in the country. Even small amounts of marijuana in your possession can end up leading to serious consequences. 

You might be surprised to learn that if you are caught with a single joint in Texas, you could face criminal charges, fines, and even jail time. However, the outcome depends on various factors, and a qualified Texas criminal defense lawyer can review your case and build a strategy to defend you effectively.

How Does Texas Handle Marijuana Possession?

Marijuana is classified by state law as a controlled substance, and as such, it is illegal to possess it. There are some exceptions under limited circumstances when medical necessity is considered valid and the Texas Compassionate Use Program applies. 

In Texas, charging and penalization policies differ by county and city. Some Texas cities have adopted efforts to reduce arrests for low-level marijuana possession, and there are certain cities where local law enforcement tends not to arrest or issue citations when only small amounts of marijuana are found. However, that does not mean that marijuana is legal in those areas – only that some jurisdictions prioritize other crimes over minor possession cases.

Regardless of where in Texas you are located, the legal consequences for being caught in possession of marijuana depend on the amount found on you. Joints typically contain less than two ounces of marijuana. Possessing such an amount is generally charged as a Class B misdemeanor. While this is the lowest level of marijuana possession charge in the state, it still carries severe consequences, including:

• Up to 180 days in jail

• Up to $2,000 in fines

• A permanent criminal record

Your driver’s license could also be suspended for up to six months.

Could I Face Harsher Penalties for Being Caught with a Joint?

As with other areas of the law, certain circumstances are considered aggravating factors that can make the penalties harsher for the same alleged crime. For example, if you are caught with a joint in a drug-free zone such as a playground, school, or youth center, you could face enhanced charges. If you have been convicted before, you could be considered a repeat offender and be penalized more strictly. If you are suspected of intending to sell or distribute the marijuana, you could also face harsher consequences, including felony charges. All cases differ and an experienced lawyer can review your situation to understand whether there are any aggravating factors to consider.

Schedule a Free Consultation with a Tarrant County, TX Criminal Defense Lawyer

If you are caught with a joint in Texas, you could face more serious consequences than you might have expected. Although there are noticeable efforts to reform marijuana laws, Texas still handles drug charges strictly. For your best chance at a favorable outcome to your case, call 817-222-0624 to speak with the seasoned Fort Worth, TX criminal defense attorney at The Dameron Law Firm.