Frequently I’m asked if marijuana is illegal in Texas. Well, THC is illegal in Texas, so any marijuana containing THC is still illegal. However, in Harris County it’s not quite as illegal as in other places. What’s amazing is that you can travel north and to other surrounding counties, and marijuana is like a capital offense.
I was in another county yesterday announcing ready for trial, and there was someone who was charged with possession of marijuana. The attorney stood up and announced ready for trial, and the State is apparently gonna try the case. However, if you were in Harris County, you wouldn’t be in that situation.
So an important takeaway is to make sure you know what the district attorney’s position is on marijuana in your county, because it can vary greatly. And while your jury may not give a damn if you have marijuana, the State can still put you through the burden of having to go to trial, and have the jurors tell the State to get with the times and stop prosecuting this offense.
Update (2026): Since 2019, hemp, meaning cannabis with a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis, has been excluded from the Texas definition of marihuana (Health and Safety Code 481.002(26)(F); Agriculture Code 121.001). Marijuana above that limit is still illegal to possess in Texas.
Picked up for marijuana in Harris County or a neighboring county? Call (713) 664-4000 and find out where your case really stands.
Categorized: Drug Possession
