The rapidly changing weed laws nationwide might have some wondering about the penalty for carrying weed across state lines into Texas. The weed laws in the U.S. vary state by state, and many states in which it is legal to buy and use marijuana are directly bordered by states in which marijuana is still illegal. Texans vacationing in California or Colorado who might have forgotten something in their bags should know that they may be in for an unpleasant surprise if they are caught with weed once they cross the Texas borders.
So, what happens if you bring legal weed into Texas? How is it different from bringing weed purchased illegally? The expert criminal law attorneys at Westfall Sellers are here to tell you what you can expect if you get picked up crossing state lines in possession of legal or illegal marijuana.
What happens if you get caught with weed in Texas?
What happens if you purchase legal weed in another state and bring it across the border into Texas? Texas treats all weed the same. Whether it was purchased legally in California or illegally in Florida, you’ll be looking at the same set of penalties (that become increasingly more severe the more you have). Bringing legal weed across state lines into Texas immediately makes it illegal weed. Even if this seems silly to you, you can bet it won’t to state troopers.
One thing is certain: Texas is tough on weed. If you get caught bringing any marijuana across state lines, whether you bought a gram in a dispensary or a pound in a parking lot, you’ll want the best drug trafficking lawyer you can find if you want any hope of winning your case.
FAQs about the penalty for carrying weed across state lines
Crossing state lines with weed is a complex topic with a lot of ground to cover. Here are answers to some of the most frequently asked questions about bringing weed across state lines.
Do state borders check for drugs?
Although border checkpoints found around Texas are not explicitly concerned with the enforcement of Texas’ weed laws, Border Patrol agents do have drug enforcement authority. If you attempt to pass through a border checkpoint, it’s not uncommon for Border Patrol agents to scan your car with a K9 unit for marijuana or other drugs. Drug trafficking charges in Texas are also not uncommon and are readily handed out to people who roll through border checkpoints with a significant quantity of weed in their car.
Our advice? Don’t drive around Texas carrying any amount of weed while it’s still illegal in our state. But if you do, have a good lawyer on speed dial.
What happens if TSA finds weed in checked luggage?
Can you fly with weed in the US? Although the TSA does not search for marijuana or other illegal drugs during screenings, if an agent finds weed in your bag or on your person they are obligated to flag and report it to local law enforcement stationed at the airport. How the police handle it—whether that be by throwing it away, ignoring it, or arresting you—depends on the laws of the state in which you are flying.
In other states they may just confiscate your weed and move things along, but in Texas, you are much more likely to be arrested and charged.
Can you go to jail for a gram of weed in Texas?
If you’ve got a clean record and only one gram of weed, police in Texas might still take you to jail. Although first time drug possession charges in Texas are lighter than they used to be, an eager state trooper might want you to spend an evening behind bars.
Will you do any significant jail time for one gram? Most likely not, but if you get stopped with a concentrate you could be charged with a felony. Here are the penalty breakdowns for getting caught with weed in Texas.
Penalties for weed in Texas
Is possession of THC a felony in Texas? Possession of THC concentrates and large amounts of marijuana is still a felony in Texas. Here are the full penalty breakdowns for getting caught with weed in Texas:
|Class B misdemeanor||≤ 2 ounces of marijuana||Up to 180 days||Up to $2,000|
|Class A misdemeanor||2 – 4 ounces of marijuana||Up to 1 year||Up to $4,000|
|State jail felony||4 ounces – 5 pounds of marijuana; ≤ 1 gram of THC concentrate||180 days – 2 years||Up to $10,000|
|Third degree felony||5 – 50 pounds of marijuana; 1 – 4 grams of THC concentrate||2 – 10 years||Up to $10,000|
|Second degree felony||50 – 2,000 pounds of marijuana; 4 – 400 grams of THC concentrate||2 – 20 years||Up to $10,000|
|First degree felony||≥ 2,000 pounds of marijuana; ≥ 400 grams of THC concentrate||5 – 99 years||Up to $50,000|
If you are caught crossing state lines with a significant amount of marijuana you may be charged with drug trafficking, a federal crime that carries penalties that are even more severe than those listed above. If you or a loved one has been arrested for or accused of drug trafficking, you need a serious federal criminal lawyer to begin building your case now.
Winning federal drug cases is difficult. Your lawyer’s job will be to untangle complex operations on the part of the FBI and the DEA to find errors, holes, and cut corners in the process. Getting federal drug conspiracy cases dismissed is not impossible, but it will require aggressive, creative lawyers, like those at Westfall Sellers.
The penalty for carrying weed across state lines is more than you want to pay. Hire a drug trafficking lawyer today!
The help of an expert Texas drug attorney can keep the penalties for carrying weed across state lines from following you around for the rest of your life. Whether you got caught with a lot or a little, the expert lawyers at Westfall Sellers can help.
Enhanced punishments are not uncommon in cases that cross borders. The right lawyer might be the only thing standing between you and a felony conviction. Call Westfall Sellers today at (817) 928-4222 or contact us online for a free consultation.
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