Texas Marijuana Laws - What is a usable quantity?

What is the minimum amount of marijuana a person must have to violate Texas marijuana laws? A person possesses marijuana if they possess a “usable quantity” of the substance. Courts have defined the term “usable quantity” differently. One court defined it as an amount that is sufficient for the common use of marijuana. Other courts define “usable quantity” as enough marijuana to roll in a cigarette or smoke in a pipe. Both of these definitions require enough marijuana that a person can smoke. Texas courts have not said an exact weight is not usable. Jurors now decide whether a quantity is usable. Jurors must rely largely on evidence from police officers.

Will the legislature create new Texas marijuana laws to simplify this issue?

Other states have legalized marijuana in recent years. Members of the Texas legislature tried to focus on this issue with marijuana and cocaine. House Bill 2914 would have created a minimum weight of cocaine that a person must possess to commit a criminal offense.

Additionally, House Bill 184 would have created a new offense. Possession of one ounce or less of marijuana would have been punishable as a Class C misdemeanor. Class C misdemeanors are punishable by a fine only. Offenders would receive a ticket, and report to court later. Currently, possession of less than 2 ounces of marijuana is a class B misdemeanor. Police arrest individuals caught with marijuana. Then, the individual can be punished by up to 180 days in jail and/or a fine of $2,000.00.

Neither, the Texas House or Senate passed these measures. The legislature will need to address this issue. Otherwise, Texas marijuana laws will allow the police to arrest someone for having almost any amount of marijuana. Until new laws pass, possession of marijuana will still be a jailable offense.

For Location and Contact Information go to our Contact Us page. 

For More information about possession of controlled substance: http://defendyourfuture.com/faq/#controlled


For criminal defense, Brian really knows Texas Criminal Law and the rules of law. He's prepared when he goes to trial and ready with really good objections. - Laura G.




Extremely satisfied client
Mr. Newman was an excellent help to my case. I had a possesion of marijuana case and was extremely pleased with the outcome of my case. I will recommend him in the future to anyone I know that has a need for a criminal justice attorney, and should I ever need his services again I will gladly contact him. He is a very straight forward and no nonsense individual and it was a pleasure being assisted by him. - Philip 

Fantastic Fort Worth defense attorney! Brian J. Newman represented my son and I could not be happier with his work. Thank you so much for your help. - Michael S. 






How can we help you?

To learn more about your case and how the team at the Law Offices of Brian J. Newman can help, fill out the form below and contact us for a free case evaluation.

All fields with an * are required.