Marijuana Possession and Marijuana DWI in Fort Worth, Texas

 Posted on March 16, 2026 in Announcements

Drug charges in Texas can carry serious consequences that affect your freedom, employment, housing opportunities, and future. If you are facing allegations involving marijuana or other controlled substances, working with an experienced Fort Worth marijuana possession defense lawyer and Fort Worth drug crimes lawyer can help you understand your rights and options.

What Are the Penalties for Marijuana Possession in Texas? 

Texas law continues to criminalize marijuana possession. Under Texas Health and Safety Code §481.121, a person commits an offense if they knowingly or intentionally possess a usable quantity of marijuana. The level of offense depends on the weight involved. 

Possession of two ounces or less is generally charged as a Class B misdemeanor, while larger quantities can quickly escalate to felony charges. These penalties may include jail time, fines, and a permanent criminal record. 

Drug crime cases often involve complex legal issues such as searches of vehicles, homes, or personal property. Law enforcement must follow constitutional protections during investigations. If evidence is obtained through an illegal search or seizure, it may be challenged in court. A Fort Worth drug crimes lawyer evaluates every part of the investigation, including the stop, search procedures, and laboratory testing of substances.

At The Dameron Law Firm, we defend individuals accused of drug crimes and work to protect their rights throughout the legal process. Every case is different, and effective defense strategies depend on the specific facts involved. 

Driving While High on Marijuana in Texas

Many people associate driving while intoxicated with alcohol, but Texas law applies to intoxication caused by drugs as well. Under Texas Penal Code §49.04, a person commits the offense of driving while intoxicated if they operate a motor vehicle in a public place while intoxicated. 

Intoxication is defined by the Texas Penal Code §49.01(2) as not having the normal use of mental or physical faculties due to alcohol, drugs, or a controlled substance, or having a blood alcohol concentration (BAC) of .08 or higher. Intoxication can result from alcohol, controlled substances, prescription medications, illegal drugs, or a combination of substances. 

Drug-related DWI cases often involve allegations that a driver was impaired by marijuana, prescription medications, or other substances. Unlike alcohol-related cases that rely on breath or blood tests, drug intoxication investigations may involve field observations, blood tests, or drug recognition evaluations. These cases can be complicated because many medications and substances can remain in the body long after impairment has passed. This means you can test positive even if you weren’t high at the time you were driving. 

A knowledgeable Fort Worth drug DWI defense lawyer can examine whether officers had probable cause for the traffic stop, whether testing procedures were properly conducted, and whether the evidence actually proves impairment at the time of driving.

FAQs About Marijuana and DWI Charges in Texas

Q: Is marijuana possession still illegal in Texas?

A: Yes. Possession of marijuana remains illegal under Texas law, and the penalties vary depending on the amount involved. 

Q: Can a drug possession charge become a felony?

A: Yes. Larger quantities of marijuana or possession of other controlled substances can lead to felony charges under Texas drug laws. 

Q: Can I be charged with DWI if I was not drinking alcohol?

A: Yes. Texas law allows DWI charges when a person is intoxicated due to drugs, prescription medications, or other substances that impair normal mental or physical faculties. 

Q: What should I do if I am charged with marijuana possession or any other drug crime in Fort Worth?

A: It is important to speak with a defense attorney as soon as possible to review the evidence and protect your rights during the investigation and court process.

Contact a Fort Worth, TX Marijuana Possession and Drug Crimes Lawyer

If you are facing marijuana possession charges or other drug allegations, a Fort Worth drug crimes defense attorney can help evaluate your case and discuss possible defense strategies. Call The Dameron Law Firm at 817-222-0624 today to schedule a free consultation.