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Texas State Student DWI, Marijuana & Delta-8 Defense Lawyer

A DWI, marijuana, THC vape, or delta-8 allegation can follow a Texas State student from the roadside to the Hays County courthouse — and into a separate university conduct process. The Hull Firm defends Texas State students accused of alcohol- and drug-related DWI, marijuana possession, THC concentrate offenses, delta-8 possession, controlled-substance charges, fake-ID offenses, public intoxication, and related allegations in San Marcos and throughout Hays County.

Call 737-937-5786 for a free, confidential consultation. Available 24/7.

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✓ 5.0 Google Rating ✓ Former Prosecutor on Staff ✓ 20+ Years in Hays County Courts ✓ Payment Plans Available
Litigator of the Year 2023 — Texas State student defense attorney San MarcosMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — student DWI defenseMark Hull*
National Trial Lawyers Top 100 — San Marcos student defense attorneyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor student defense Hays CountyAllison Tisdale — 2022
Lawyers of Distinction — Texas State student DWI and marijuana defenseMark Hull
Criminal Defense Top 10 — San Marcos student defense lawyerMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

A Texas State Arrest Can Become Three Different Cases

A DWI, marijuana, THC vape, or delta-8 arrest near campus rarely stays a single case. It can open a Hays County criminal case, a separate driver’s-license proceeding with Texas DPS, and a university review of the same underlying facts — each running on its own timeline and its own standard of proof.

The Hays County Criminal Case. Class A and Class B misdemeanors are generally handled in the Hays County Courts at Law. Felony charges go through the Hays County District Courts. Both sit at the Hays County Government Center, 712 S. Stagecoach Trail in San Marcos.

The Driver’s-License Case. A DWI arrest may trigger a separate Administrative License Revocation proceeding. A driver generally has only 15 days after receiving notice to request a hearing — the license matter does not wait for the criminal case to move.

The University Process. Texas State maintains its own drug- and alcohol-related conduct policy, and its published rules say qualifying conduct can be reviewed whether it occurred on or off campus. That review runs on separate procedures and a different standard of proof than the criminal courts, and it does not pause simply because a criminal case is pending.

A student can be answering to the Hays County court system, Texas DPS, and Texas State at the same time. The facts may overlap, but a statement or a document used in one setting can affect how another one turns out — which is why each track deserves its own early attention rather than being treated as an afterthought to the criminal case.

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  • ✓ Dedicated San Marcos Line — 737-937-5786
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Texas Changed Its Treatment of Delta-8 in 2026

Many students have seen delta-8 products sold openly in San Marcos and assume possession is legal. Older information found online may now be dangerously out of date.

Texas did not enact the broad hemp ban proposed in Senate Bill 3 in 2025 — the governor vetoed that bill. But after litigation reached the Texas Supreme Court, the Department of State Health Services reinstated clarifications to the Texas controlled-substances schedule, effective July 31, 2026.

DSHS now states that only naturally occurring trace amounts of delta-8 THC in hemp are permissible. A consumable hemp product labeled as containing delta-8, or shown to contain more than trace amounts of delta-8 or other tetrahydrocannabinols, may be detained and referred to law enforcement. Qualifying hemp products may still contain no more than 0.3% delta-9 THC on a dry-weight basis, subject to Texas law and regulations.

A purchase from a San Marcos smoke shop, gas station, or online retailer does not automatically resolve whether the product was lawful. Preserve the product packaging, receipt, QR code, certificate of analysis, and any advertising describing what the seller represented. The offense date matters too — the rules and controlled-substance schedule in effect on that specific date should be what a defense is built around.

Marijuana, Delta-8, Delta-9 Hemp and THC Concentrates Carry Different Risks

Students often use these terms interchangeably. Texas law does not treat them the same way, and the difference can change a misdemeanor into a felony.

Class B / Class A Misdemeanor

Marijuana Flower

Possession of two ounces or less is generally a Class B misdemeanor, carrying up to 180 days in jail and a fine up to $2,000. More than two and up to four ounces is generally a Class A misdemeanor, carrying up to one year in jail and a fine up to $4,000. Larger amounts can become felony charges.

Effective July 31, 2026

Delta-8 Vapes and Edibles

Under the DSHS position now in effect, only naturally occurring trace delta-8 in hemp is permissible. The State should still be required to prove what the product actually contained, how it was tested, and how it fits the applicable controlled-substance definition.

0.3% Dry-Weight Threshold

Delta-9 Hemp Products

Qualifying hemp may contain no more than 0.3% delta-9 THC on a dry-weight basis. A label is relevant, but laboratory composition, testing, formulation, and regulatory compliance may determine whether a specific product actually qualifies.

State Jail Felony — Under 1 Gram

Vape Oil, Wax & THC Concentrates

When police allege a cartridge, wax, oil, gummy, or concentrate contains prohibited THC rather than marijuana flower or lawful hemp, prosecutors may pursue a Penalty Group 2 charge — an amount under one gram can be a state jail felony. Product identity, weight, lab testing, and chain of custody all matter.

Texas State student marijuana and delta-8 vape defense San Marcos Hays County

Marijuana and Delta-8 Can Also Lead to a Drug-Related DWI

Texas DWI law applies to impairment allegedly caused by alcohol, drugs, controlled substances, or a combination. Unlike alcohol, there is no Texas 0.08-equivalent numerical limit for marijuana or most drugs — a positive THC or cannabinoid result is not automatically proof that a student had lost the normal use of mental or physical faculties while driving.

San Marcos drug-DWI cases may depend on the reason for the stop on IH-35, a frontage road, Hopkins Street, North LBJ Drive, RR 12, or another roadway; dash-camera and body-camera recordings; driving behavior and officer observations; field sobriety testing; a Drug Recognition Expert evaluation; blood or urine collection procedures; the toxicology result and the specific cannabinoid or metabolite identified; the time between driving and specimen collection; and medical conditions, fatigue, anxiety, or other explanations.

Even a lawfully possessed hemp product can support a DWI allegation if the State claims it caused intoxication. Possession legality and driving impairment are separate questions, and each deserves its own review.

What If the Texas State Student Is Under 21?

Texas’s zero-tolerance rule for under-21 drivers applies to alcohol. It does not create a separate zero-tolerance THC number.

For marijuana- or drug-related DWI, the State must still prove the elements of DWI. A single stop may nevertheless produce several allegations involving alcohol, a fake ID, marijuana, delta-8, a THC vape, paraphernalia, or another controlled substance. The criminal charges and driver’s-license consequences should be separated and evaluated one by one, not treated as a single package.

Texas State Discipline May Reach Conduct Away From Campus

Texas State’s published policy says a student found, under a preponderance-of-the-evidence standard, to have illegally possessed, used, sold, or distributed a drug, paraphernalia, narcotic, or controlled substance may be reviewed whether the conduct occurred on or off campus.

Potential university consequences include mandatory counseling or educational programming, disciplinary probation, suspension of rights and privileges, housing or extracurricular consequences, suspension, and expulsion. Texas State’s process is separate from the criminal case — a court dismissal does not necessarily compel the university to close its matter, and a university resolution does not dismiss a criminal charge.

Our role is criminal defense informed by campus consequences. We defend the Hays County criminal case and the driver’s-license proceeding, and we help students understand — and calendar — the separate deadlines and risks a Dean of Students or Student Conduct notice can create, so decisions in one process are made with the other in view. Do not ignore a university notice. Preserve it and calendar every response date before deciding what to say.

Common Texas State Student Cases We Defend

  • First-time DWI
  • Marijuana- or THC-related DWI
  • DWI involving drugs and alcohol
  • Marijuana possession
  • Delta-8 vape, gummy, and edible allegations
  • THC cartridge, oil, wax, and concentrate cases
  • Lawful-hemp versus controlled-substance disputes
  • Possession of a controlled substance
  • Drug-paraphernalia allegations
  • Fake ID and underage alcohol allegations
  • Public intoxication
  • Possession or DWI cases arising from an IH-35 traffic stop
  • Searches involving a vehicle, apartment, residence hall, backpack, or phone
  • Incidents connected to campus housing, student organizations, house parties, or university-sponsored activities
San Marcos student defense attorneys Mark Hull and Allison Tisdale — Texas State DWI marijuana defense

How The Hull Firm Defends San Marcos Drug and DWI Cases

01
Challenge the Traffic Stop

We compare the officer’s reason for the stop with video, dispatch information, and the actual driving. A minor traffic allegation does not authorize an unlimited investigation.

02
Challenge an Extended Detention or Search

We examine how long the stop lasted, whether consent was voluntary, whether a warrant was required, and whether probable cause actually existed. When a search violates the Constitution, the evidence may be challenged.

03
Challenge Knowing Possession

Shared vehicles, apartments, residence halls, bags, and common spaces can create genuine disputes about who knew of and controlled an item. Being nearby is not automatically possession.

04
Require Reliable Laboratory Proof

We determine what the lab tested, which cannabinoid was identified, how the weight was calculated, and whether packaging, carrier oil, food ingredients, adulterants, or dilutants affected the alleged amount.

05
Separate Prior Use From Driving Impairment

In a drug-DWI case, we compare toxicology with driving behavior, video, field testing, timing, and other explanations for the symptoms reported by police.

06
Coordinate Deadlines and Collateral Consequences

We identify the ALR deadline, preserve evidence, and help the student understand how the criminal case may affect university, housing, employment, or licensing concerns.

What Texas State Students and Parents Should Do Now

1

Act immediately if the 15-day ALR hearing deadline may be running.

2

Save every Hays County, DPS, bond, and Texas State notice.

3

Preserve the product, packaging, receipt, QR code, and certificate-of-analysis information.

4

Save texts, photographs, rideshare records, location history, and witness names.

5

Do not post about the incident or ask friends to coordinate accounts.

6

Follow all bond conditions and university directives unless formally changed.

7

Get advice before giving a detailed written or recorded statement.

Why Texas State Students and Families Call The Hull Firm

Mark Hull has defended cases in Central Texas and Hays County courts for more than 20 years. Allison Tisdale prosecuted cases as a Texas state prosecutor before joining the defense — she understands how a Hays County file gets built, and where it tends to be vulnerable.

We appear regularly in the Hays County Courts at Law and District Courts, maintain a dedicated San Marcos line, and have secured more than 960 dismissed or rejected cases across Central Texas since 2021. Past results do not guarantee a similar outcome; every case depends on its own facts.

◆ 20+ Years in Central Texas & Hays County Courts

Regular appearances in the Hays County Courts at Law and District Courts.

◆ Former Prosecutor on the Defense Team

Allison Tisdale prosecuted cases before joining the defense side.

◆ Dedicated San Marcos Hub

737-937-5786 — free consultations, available 24/7, payment plans available.

◆ 960+ Dismissed or Rejected Cases Since 2021

5.0 Google rating across Central Texas and Hays County.

960+Dismissed or Rejected Cases
5.0Google Rating
20+Years in Hays County Courts

Frequently Asked Questions

Common questions about Texas State student DWI, marijuana, and delta-8 charges in San Marcos and Hays County.

The applicable state rule changed July 31, 2026. DSHS says only naturally occurring trace delta-8 in hemp is permissible, and products labeled with delta-8 or containing more than trace amounts may be detained and referred to law enforcement. Older web articles may no longer reflect current Texas law.

No. Senate Bill 3 was vetoed in June 2025. The current delta-8 issue comes from DSHS’s reinstated controlled-substance schedule definitions, not from that vetoed blanket-ban bill.

Not necessarily. Save the receipt and packaging, but the product’s actual composition, certificate of analysis, testing, and the law in effect on the alleged offense date may control.

Local policies do not legalize marijuana, bind every law-enforcement agency, prevent every arrest, control the Hays County prosecution, or stop Texas State from enforcing university rules.

Not by itself. The State still must prove intoxication while the student operated a motor vehicle. The substance detected, timing, concentration, lab reliability, driving, video, and officer observations may all matter.

Its published drug policy says qualifying illegal drug conduct may result in discipline whether it occurred on or off campus.

Yes, but an adult student’s permission is generally required before the attorney can discuss confidential case details with a parent.

San Marcos Student Defense Resources

Related pages covering DWI, marijuana, and criminal defense in San Marcos and Hays County.

San Marcos DWI Lawyer

Full DWI defense hub for San Marcos and Hays County, including the ALR license process.

Marijuana Possession Defense

The hemp-versus-marijuana distinction and weight-based penalty tiers in Hays County.

Controlled Substance Defense

Penalty Group possession charges, including THC concentrate allegations.

Hays County Criminal Defense

Courts, prosecutors, and case process across all of Hays County.

San Marcos Criminal Defense

Full criminal defense hub for all charge types in Hays County.

Expungement San Marcos

Clearing a dismissed charge from your record under Texas Chapter 55.

What Our Clients Say

5.0 stars from clients across Hays County, Travis County, and Central Texas.

Do Not Let One San Marcos Arrest Decide the Next Four Years

The Hays County criminal case, driver’s-license matter, and Texas State conduct process may move on different schedules. Start protecting all three before evidence disappears or a deadline passes.

Request My Free Case Review737-937-5786

This page provides general information, not legal advice. Laws and university policies change. Viewing this page or contacting the firm does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

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