Is marijuana legal in Austin?

No. While some local policies make small marijuana cases a lower priority, possession of any amount remains illegal under Texas law.

Can a weed charge be dropped?

Yes. With an experienced attorney, marijuana possession charges may be dismissed, reduced, or resolved through diversion programs that can keep your record clean.

Do I need a lawyer for a small marijuana amount?

Absolutely. Even a small possession conviction can impact your employment, housing, and education opportunities. A marijuana lawyer can help you avoid or remove those consequences.

How can a marijuana possession charge be dismissed in Travis County?

Dismissal can occur through evidence challenges, proving lack of ownership, or completing a pretrial diversion or deferred prosecution program.

Will a marijuana possession charge stay on my record?

If convicted, yes. But if dismissed or resolved through diversion, you may qualify for expunction or non-disclosure to clear your record.

Our Case Results

#1 Goal Is A Dismissal

Charge: DWI Open Container
County: Hays
Result: Dismissed 8/31/2023

Charge: Sexual Assault
County: Hays
Result: Dismissed 9/25/2023

Charge: Assault BI – FV
County: Williamson
Result: Dismissed 11/13/2023

Charge: Terroristic Threat
County: Travis
Result: Dismissed 12/7/2023

Charge: Reckless Driving
County: Hays
Result: Dismissed 9/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 8/29/2023

Charge: Assault BI – FV
County: Williamson
Result: Dissmissed 7/31/2023

Charge: Injury to Elderly
County: Hays
Result: Dismissed 8/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 7/11/2023

Charge: Criminal Mischief
County: Travis
Result: Dismissed 3/2/2023

Charge: DWI
County: Williamson
Result: Dismissed 1/10/2023

Charge: Racing on Highway
County: Williamson
Result: Dissmissed 9/1/2022

Austin Marijuana Possession Lawyer – Defending Your Rights & Record

Securing a Dismissal is Our Primary Focus: Experienced Defense for Travis County Drug Charges

Home – Criminal Defense – Drug Charges – Marijuana Possession

#1 Goal Is Dismissal

If you are facing a charge for Possession of Marijuana (POM) in Austin or Central Texas, you are likely worried about your future, your job, and your freedom. Despite changing attitudes across the country, Texas maintains some of the nation’s strictest drug laws. Even a simple misdemeanor for a small amount of cannabis can result in jail time, steep fines, and a criminal record that haunts you for years.

At The Hull Firm, we understand the severe consequences of a drug conviction. Our dedicated Austin marijuana possession lawyers know the Travis, Hays, and Williamson County courts intimately—the judges, the local prosecutors, and the specific strategies that work to protect your record. We don’t just process cases; we aggressively attack the evidence from day one, fighting relentlessly for a dismissal or the best possible outcome.

How does Texas Define Legal Possession of Marijuana?

To be convicted, the State must prove two things beyond a reasonable doubt: that the defendant knowingly or intentionally possessed the marijuana, and that the substance was, in fact, illegal cannabis. Possession is defined as having actual care, custody, control, or management of the drug.

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Penalty Breakdown for Marijuana Possession in Texas

The penalties escalate quickly depending on the quantity found:

Under 2 oz → Class B misdemeanor → up to 180 days in jail & up to $2,000 fine
2–4 oz → Class A misdemeanor → up to 1 year in jail & up to $4,000 fine
4 oz–5 lbs → State jail felony → up to 2 years in state jail & up to $10,000 fine
Over 5 lbs → Felony with increasingly severe penalties

Beyond jail time and fines, a conviction can trigger an automatic driver’s license suspension, loss of financial aid eligibility, and the denial of professional licenses. Protecting your record is paramount.

Frequently Asked Question:

How long does a marijuana possession charge stay on your record in Texas?

If you are convicted, the charge remains on your permanent criminal record indefinitely. However, if your charge is dismissed through diversion, deferred adjudication, or a successful defense, you may be eligible to seal or expunge your record, allowing you to legally deny the arrest ever occurred. This is why fighting for a dismissal is so important.

Our Aggressive Defense Strategies to Beat Your Austin Marijuana Charge

When you hire The Hull Firm, you get a defense team that scrutinizes every detail of your case. Our goal is always to find a fatal flaw in the State’s evidence that leads to a dismissal.

Challenging Illegal Stops and Searches (The Fourth Amendment)

The majority of marijuana possession cases in Austin begin with a traffic stop or a pedestrian stop. The police must have reasonable suspicion to stop you and probable cause to search your vehicle, person, or belongings. We aggressively challenge the legality of the initial stop and any subsequent search.

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Disputing the Element of Possession and Control

The State must prove that you had “care, custody, or control” over the marijuana. If the drugs were found in a communal area, such as a back seat, a passenger’s bag, or a public location, we can argue for the defense of “mere presence,” asserting that simply being near the marijuana is not proof of possession.

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Distinction: Marijuana vs. Legal Hemp + CBD

A common issue in Austin is the confusion between illegal marijuana (cannabis containing over 0.3% THC) and legal hemp/CBD products. Texas requires lab testing to prove that a substance is, in fact, illegal marijuana. If the substance was never tested, or the testing is flawed, the State may be unable to prove the charge.

Finding Errors in Evidence Handling

Evidence must be collected, stored, and tested according to strict protocol. We examine police reports and lab analysis to identify any chain of custody errors or contamination issues that could render the evidence inadmissible in court.

Frequently Asked Questions:

What is the difference between possession of marijuana (POM) and possession of a controlled substance (POCS)?

Possession of Marijuana (POM) applies specifically to cannabis plant material. Possession of a Controlled Substance (POCS) is a far more serious charge that applies to substances like THC oils, edibles, concentrates, and other illegal drugs. If you are charged with POCS, which can be a felony, we coordinate a comprehensive defense. We will refer you to our page on Controlled Substance Defense.

Can police search my car if they smell marijuana in Austin?

While the smell of marijuana can contribute to probable cause, the law surrounding this is constantly evolving, especially regarding traffic stops. Our attorneys are prepared to argue that the odor alone was not sufficient for a comprehensive search or that the officer’s perception was faulty or improperly documented.

Options for First-Time Marijuana Offenders in Travis County

For individuals with no prior criminal history, Austin and Travis County courts often favor resolutions that prioritize rehabilitation over permanent conviction. Having an attorney who knows how to negotiate these programs is essential.

Pretrial Diversion and Deferred Adjudication

For many first-time marijuana offenders, we fight to secure entry into a Pretrial Diversion (PTD) program or a Deferred Adjudication agreement. If successfully completed, these programs result in the dismissal of your case, allowing you to seek an expungement later.

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Frequently Asked Questions:

What is the process for getting a marijuana charge expunged in Texas?

Expungement is the process of completely destroying records of an arrest and charge. It is only possible if your case resulted in a dismissal, an acquittal (not guilty verdict), or a successful completion of deferred prosecution. We will guide you through the process, but you can learn more on our dedicated Expungement page.

What’s the difference between Deferred Adjudication and Pretrial Diversion?

Deferred Adjudication is a form of probation managed by the court after you enter a plea of guilty (though the finding is deferred). Pretrial Diversion (PTD) is a voluntary program offered before charges are formally filed, often managed by the prosecutor’s office. PTD is generally preferred because it keeps the process out of the court system entirely.

Will I go to jail for a first-time marijuana possession charge in Texas?

While a jail sentence is possible, it is unlikely for a first-time, small-quantity charge if you have qualified legal representation. Our primary goal is to resolve the case with a dismissal through programs like deferred adjudication or pretrial diversion, keeping you out of jail entirely.

What should I do immediately after being arrested for marijuana possession?

The most critical actions are to remain silent and politely but firmly request a lawyer. Do not consent to any searches, do not answer any questions, and do not make any statements about the marijuana or your location. Anything you say can and will be used against you.

Coordinated Defense for Complex Drug and DWI Cases

Often, a marijuana possession charge is not the only problem you are facing. Many arrests occur during traffic stops where police also suspect intoxication.

DWI and Marijuana Possession

If you are facing charges for Driving While Intoxicated (DWI) and Possession of Marijuana concurrently, your legal strategy must be coordinated. A conviction on one charge can negatively impact the defense of the other. Our firm specializes in the intersection of these offenses, ensuring a cohesive defense across all charges. You can review our approach to these cases on our page dedicated to DWI Charges.

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Frequently Asked Questions:

What is the first court date after an Austin marijuana arrest?

This is typically the arraignment or initial appearance. It is absolutely crucial that you have a lawyer with you at this first appearance. Your attorney can waive your formal reading of charges and immediately begin negotiating bond conditions or addressing pretrial motions.

Can a marijuana possession charge be used against me in a DWI case?

Yes. Any evidence of drug use or possession found during a traffic stop can be used by the prosecution to support the claim that you were operating a vehicle while impaired, even if the DWI charge is based on alcohol.

Get the Defense You Deserve – Call 512-599-9999 Today

We Are Local, Experienced, and Ready to Fight for You

We don’t treat your freedom like a commodity. We treat your case as if it were our own, utilizing our deep knowledge of Austin and Travis County judicial processes to your advantage. Our reputation is built on delivering favorable outcomes, including countless dismissals, for clients across Central Texas, including Hays, Williamson, and Travis Counties. We ensure your constitutional rights, especially protection against illegal search and seizure, are upheld at every turn.

We are proud to serve the entire Central Texas area, including Round Rock, Cedar Park, Georgetown, and San Marcos.

Frequently Asked Questions:

Does getting charged with marijuana possession mean I will lose my job?

A pending charge, by itself, usually does not result in job loss unless your employment requires a security clearance, commercial driver’s license, or is subject to immediate drug testing. However, a conviction can certainly impact future employment. Our fight for a dismissal is also a fight to protect your professional future.

Can a lawyer help me get my property or money back that the police seized?

Yes. If police seized property or cash under the claim it was related to the crime (asset forfeiture), your attorney can challenge the seizure in court to demand its return. This is an important, but often overlooked, part of the defense process.

Take Control of Your Future Today

Don’t let a marijuana charge define your future. Contact The Hull Firm today for a confidential, free case evaluation. We are ready to take your call 24/7.

Call 512-599-9999

Austin Criminal Defense Lawyer

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 Trustindex verifies that the original source of the review is Google. I hired this firm two years ago for my husband. The case was a very bad one with what he was accused of. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect and what they truly thought about everything. I'm so glad to say after 2 years (no court) because the evidence was not there and I let them know from the start it was all a lie and a case of jealousy and people being in their feelings because I told the truth. They seem that and presented everything I had evidence of to the DA and as on May 15th 2025 CASE DISMISSED AND DROPPED!!! This could not have come at a greater time being we are expecting our baby girl in a week. Mrs. Allison is such an amazing and sweet lady! She has been such a great support, the WHOLE TEAM! I see exactly why they received multiple awards for best law firm in the state!   Thankyou thankyou HULL FIRM!
  
 
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