You thought you’d planned everything perfectly. You made a quick stop in Texas on your way home from a state where marijuana is legal. But the moment you’re stopped by law enforcement and they discover that vape pen, dab pen, or edibles, your stomach drops.
Suddenly, you’re facing serious charges you never imagined—and wondering if there’s any way out of this legal mess. What’s worse, you may have even had a prescription in your home state, but it isn’t recognized in Texas.
At Austin Hagee Law Firm, we understand how confusing and frustrating this situation can be. Texas has some of the strictest marijuana laws in the country, and even legally purchased cannabis from another state can lead to criminal charges here.
Additionally, you may have purchased something from one of our local hemp dispensaries and ended up with criminal charges for not keeping the proper documentation on your person while here.
With our extensive experience and proven track record of successful outcomes in this area of the law, our firm is here to guide you toward the best possible outcome in this situation.
Can You Bring Legally Purchased Weed into Texas?
Possession of marijuana, even in small amounts, remains illegal under Texas law, regardless of where you purchased it. Federal law prohibits transporting marijuana across state lines, even if it’s for personal use. In Texas, possession of marijuana or THC products (non-hemp) remains illegal, no matter where the substance originated.
If you’re caught with weed at an airport or during a traffic stop, law enforcement will enforce Texas laws, not the laws of the state where you purchased the products.
Texas Marijuana Laws: What You Need to Know
Texas law classifies marijuana as a controlled substance under Texas Health and Safety Code § 481.121, meaning possession—even in small amounts—is a criminal offense. Unlike some neighboring states, Texas does not recognize the legality of marijuana purchased elsewhere, even for medical purposes. They only recognize a Medical Marijuana card prescribed in Texas.
- Possession of less than 2 ounces of Marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
- Possession of 2 to 4 ounces is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
- Possession of over 4 ounces but under 5 pounds results in a state jail felony punishable by up to 2 years of incarceration in a state jail facility and a $10,000 fine.
- Possession of concentrates like dabs or THC oil—even in a vape pen—is treated as a felony offense under Texas Health and Safety Code § 481.116. The range of offense for a THC concentrate depends on what part of the THC concentrate law enforcement weighs. For example, they may weigh a pen that weighs 3 grams, but only contains .75 grams of THC oil. Technically, this should be a state jail felony charge for Possession of Controlled Substance PG 2 Less than a Gram, but it will often get charged as a third degree felony of Possession of Controlled Substance PG 2 1 gram – 4 grams.
Transporting marijuana into Texas from out of state, whether by plane or car, can lead to additional federal implications if interstate commerce laws are violated.
Caught with Marijuana in Texas From Out of State: Common Scenarios
Flying with Weed from a Legal State
While TSA screenings focus primarily on security threats, if TSA officers discover marijuana or a vape pen during your screening, they will refer the matter to local law enforcement. In Texas, this often results in charges, regardless of where the marijuana was purchased.
Driving Across State Lines with Marijuana
Road trips through Texas can turn sour if you’re pulled over for a traffic violation and an officer finds marijuana in your vehicle. You can still face charges under Texas law even if it was purchased legally elsewhere or if it was held with a valid prescription in another state.
Accidental Possession in Luggage
Travelers often pack in a hurry and may unknowingly carry marijuana or THC products they don’t commonly think twice about carrying. Unfortunately, lack of intent does not excuse possession under Texas law. If you find yourself in this situation, you’ll need a strong legal advocate to argue your case, because you may not have a legal defense, but you are in a sympathetic situation that a Texas prosecutor can recognize.
What Happens If You’re Caught with Marijuana in Texas from Out of State?
The legal process after being caught with marijuana or THC products in Texas generally includes the following steps:
- Arrest or citation—you may be arrested or issued a citation for possession, depending on the circumstances;
- Court appearance—you must appear in court to address the charges; and
- Potential penalties—depending on the amount and type of marijuana (flower or concentrate), penalties range from fines and probation to jail or prison time.
However, all is not lost. Our team has honed several strategies to fight these charges, and hiring a knowledgeable attorney is the first step toward building a solid defense. Remember, your future deserves a fighting chance, and we are happy to join your corner and give you that chance.
Strategies for Fighting Marijuana Charges
The likelihood of having your case dismissed or penalties reduced is often based on the specifics of your situation, the mitigation work you do with your attorney, and the way your attorney advocates for your case. Here are a few defense strategies that could apply.
Unlawful Search and Seizure
Did law enforcement have a valid reason to stop you or search your belongings? If not, evidence obtained during an illegal search may be inadmissible in court. If the critical evidence of marijuana or THC concentrate (vape pens or edibles) is inadmissible, this can result in a dismissal of your case.
Questioning the Evidence
Can law enforcement prove the substance is marijuana or THC? Testing errors or mishandling of evidence can weaken the case substantially. Law enforcement needs to be able to prove that you possessed illegal THC, and not legal hemp. It is legal to carry hemp that does not exceed a 0.3 THC percent concentration on a dry weight basis in Texas. This differentiation can prove difficult in many situations for law enforcement.
Lack of Knowledge
In some cases, you may not have known the substance in question was marijuana or contained an illegal concentration THC. This defense can apply if someone else had placed the item in your bag or vehicle without your knowledge. Or if someone brought it along in your vehicle and you thought it was only a nicotine vapor product and not anything else.
Pretrial Diversion Programs
First-time offenders may be eligible for diversion programs that can lead to dropped charges after fulfilling specific requirements such as community service or drug education classes. These programs have become more and more popular in modern criminal justice.
Pretrial diversion programs can avoid a person getting an official record, a conviction, or the sting of a permanent drug charge. These programs are often only given when there is a lack of criminal history, strong mitigating case facts, or disproportionate impact on an individual’s future and career if the charges proceed on their usual course.
Our attorneys have been able to secure this option for many of our clients, and we would be happy to see if this may be possible in your situation.
Mitigation Strategy
Our attorneys take cases all over Texas and we understand that Texas prosecutors want justice for their communities, but they are not looking to unfairly punish someone for a single mistake.
We have worked with clients to build strategic mitigation packets that provide compelling reasons to reduce a charge or provide a diversion program to many of our clients that may not get this chance with a different legal approach.
While we cannot guarantee this outcome, we are very comfortable strategizing alongside you to build your most compelling case to get a fair shake from the prosecutors in your case.Â
Caught with a Vape/Dab Pen in Texas from Out of State? Why You Need a Local San Antonio Defense Attorney
For out-of-state residents, facing marijuana charges in Texas can feel overwhelming. Traveling for court appearances, state-specific laws, and understanding your rights require local experience and knowledge. Hiring a San Antonio-based criminal defense attorney offers distinct advantages:
- Knowledge of local courts. A local attorney understands how specific judges and prosecutors handle marijuana cases. This means they also know which arguments are more likely to prevail.
- Representation in court. Your attorney can appear on your behalf in certain situations and for certain hearings. This reduces the need for you to travel back to Texas repeatedly.
- Tailored defense strategies. Familiarity with Texas laws enables a local attorney to craft a robust and personalized defense for your case.
Our criminal defense attorneys have established relationships with local law enforcement and court personnel all over Texas, which can be beneficial in negotiating plea deals or securing favorable outcomes for you. Additionally, we have traveled to counties all over the State of Texas and we are happy to put your best foot forward, even in the smallest counties.
Why Choose Austin Hagee Law Firm?
If you face marijuana possession charges in Texas, you need a lawyer who is well-versed in the local legal system. At Austin Hagee Law Firm, we focus on helping clients through these complex situations confidently.
Our firm is a trial firm, we are former prosecutors, public defenders, and we love the courtroom. If you need someone that knows how to advocate in the courtroom and win, we are happy to take on your case.Â
Our experience as former prosecutors gives us an insider’s perspective on how the prosecution is viewing your case and how to best fight it. Our proven track record includes securing acquittals, getting charges reduced, cases dismissed, and penalties minimized for clients in San Antonio and in every major city around Texas. We have had charges dismissed in Austin, Houston, Dallas, Corpus Christi, San Marcos, New Braunfels, Kerrville, Boerne, Seguin, Copperas Cove, Amarillo, Laredo, and more.
Whether this is your first offense or you’re facing more serious allegations, we’ll be with you every step of the way. With a reputation for aggressive advocacy and compassionate client service, we’ll work tirelessly to protect your rights and secure the best possible outcome.
One mistake does not define your life or future. So take control of your future and contact us today to schedule a consultation.
Resources:
- Ranges of Punishment. Bexar County Criminal Trail Division, link
- Cannabis and the Law. Texas State Law Library, link
- Criminal Law 101: Overview Of The Texas Criminal Justice Process. State Bar of Texas (2013), link
- Medical Marijuana. TSA.gov, link
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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