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  • Writer's pictureBrian Foley

(POM) POSS MARIJ < 2OZ in Montgomery County, Texas

If you've been accused of marijuana possession in Conroe, Houston, the Woodlands, or surrounding counties in Texas, Brian Foley is here to help. As a former chief prosecutor with extensive experience in handling drug charges, Brian now represents individuals who need their rights protected.

Is Marijuana Legal in Texas?

In general, marijuana is still illegal in Texas, and officers in Montgomery County are still making arrests for possession of less than two ounces of marijuana. In Harris County, the District Attorney does not accept misdemeanor marijuana charges for possession of less than four ounces, which means you are less likely to face charges if caught by the police with a smaller amount. Even if you would not be arrested at all in Houston, Montgomery County, and Conroe will still put you in jail for less than 2 ounces of marijuana.

Limited Exceptions for Medical Marijuana in Texas

There are some limited exceptions where medical marijuana is legal to possess in Texas. A doctor may prescribe medical marijuana with a THC content of less than 0.5 percent by weight for patients diagnosed with epilepsy, a seizure disorder, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease.

Out-of-State Medical Prescriptions Not Valid in Texas

It's important to note that Texas law trumps the laws of other states, including medical marijuana prescriptions obtained in places like California or elsewhere. While changes to federal laws could potentially preempt Texas laws, as of March 2021, there are no national medical marijuana laws requiring states to accept out-of-state prescriptions from doctors.

Industrial Hemp and Marijuana Laws in Texas

The topic of industrial hemp and marijuana laws was discussed in Brian Foley's blog post titled "Is Marijuana Legal Now in Texas?" (link: The Texas legislature recently legalized possession of marijuana plants with a THC content of less than 3%, but this has caused confusion due to the scientific name of marijuana and industrial hemp being the same, Cannabis sativa L.

This legislative change inadvertently increased the burden of proof on prosecutors in Texas, as now forensic testing of the substance must take place to confirm its THC content. This makes proving a marijuana case more difficult and costly for the state, and a skilled defense attorney may be able to use this to your advantage in court.

Punishment for Possession of Marijuana in Texas

Simple marijuana charges of less than two ounces are classified as a Class B Misdemeanor in Texas and carry a maximum punishment of up to 180 days in jail and a $2,000 fine, or both. Probation for up to two years involving drug testing and community service may also be imposed by the court or a jury after a finding of guilt.

Trust Brian Foley, Your Marijuana Lawyer and Criminal Defense Lawyer in Conroe, Texas

If you've been charged with marijuana possession in Conroe, Houston, the Woodlands, or surrounding areas in Texas, Brian Foley is here to provide expert legal representation. With his experience as a former chief prosecutor and extensive knowledge of drug laws, Brian will work diligently to protect your rights and achieve the best possible outcome for your case. Contact Brian Foley today for a consultation.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.

For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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