When facing marijuana charges in Frisco, Texas, you need an experienced criminal defense attorney who understands both drug law and the local court system. At My Dallas Criminal Lawyer, our team provides aggressive representation for individuals charged with marijuana possession, distribution, and related offenses throughout Collin County and Denton County.

Our founding attorney, Justin Wilson, brings valuable insight to marijuana defense cases through his background as a former prosecutor with the Collin County District Attorney’s office. This experience allows us to anticipate prosecution strategies and build stronger defenses for our clients. We have successfully defended numerous marijuana cases, including dismissals where crime labs could not prove weight beyond reasonable doubt and cases where we suppressed evidence due to illegal searches.

Understanding Texas Marijuana Laws and Penalties

Texas maintains strict marijuana laws, classifying cannabis under its own category within the Texas Controlled Substances Act. Understanding the penalty structure is important for anyone facing charges in Frisco or surrounding areas.

The penalties for marijuana possession in Texas are based on the amount involved:

• Class B Misdemeanor (2 ounces or less): Up to 180 days in jail and fines up to $2,000. This applies to most personal use cases.
• Class A Misdemeanor (2-4 ounces): Up to one year in jail and fines up to $4,000.
• State Jail Felony (4 ounces to 5 pounds): 180 days to 2 years in state jail and fines up to $10,000.
• Third-Degree Felony (5-50 pounds): 2-10 years in prison and fines up to $10,000.
• Second-Degree Felony (50-2,000 pounds): 2-20 years in prison and fines up to $10,000.

Enhanced penalties apply when marijuana offenses occur in drug-free zones, including areas within 1,000 feet of schools, playgrounds, or youth centers. Additionally, THC concentrates, vape cartridges, edibles, and hash are automatically classified as felonies regardless of weight due to their concentrated nature.

Texas Medical Cannabis Program Update: As of September 1, 2025, Texas significantly expanded its medical cannabis program through HB 46. The program now allows comprehensive medical access with THC products containing 5-10mg THC per dose and 300mg-1 gram THC per package. Available forms include vape pens, inhalers, patches, topicals, aerosols, nebulizers, lozenges, and suppositories. Qualifying conditions have expanded to include chronic pain, traumatic brain injury, Crohn’s disease, glaucoma, degenerative disc disease, and terminal illness, with special provisions for veterans. However, this expanded program provides limited protection for most defendants facing criminal charges.

Common Marijuana Charges We Defend in Frisco

Our Frisco marijuana defense team handles a wide range of cannabis-related charges throughout Collin County. Each marijuana charge requires a tailored defense strategy based on the specific circumstances and evidence involved.

Simple possession charges represent the majority of marijuana cases we handle. These involve individuals found with cannabis for personal use, typically in amounts under two ounces. However, the prosecution must prove both actual or constructive possession and knowledge of the substance’s illegal nature.

We also defend cases involving joint possession scenarios, where multiple individuals may face charges for marijuana found in a shared space like a vehicle or residence. Furthermore, intent to distribute charges often arise when larger quantities are involved or when other evidence suggests sales activity, such as scales, baggies, or large amounts of cash.

Marijuana paraphernalia charges frequently accompany possession cases and can include pipes, rolling papers, scales, or storage containers. Meanwhile, THC concentrates and edibles present particular challenges, as they are often charged as felonies due to their concentrated nature and the way Texas law calculates weight.

Proven Defense Strategies for Marijuana Cases

Successful marijuana defense requires a thorough examination of how law enforcement obtained evidence and whether they followed proper procedures. Our experience as former prosecutors gives us insight into common weaknesses in the state’s case.

Fourth Amendment violations represent one of the most effective defense strategies. We carefully review whether police had reasonable suspicion for the initial stop, probable cause for any search, or valid consent from the defendant. Many marijuana cases are dismissed when we suppress evidence due to illegal searches or seizures. In Texas, marijuana odor alone can constitute probable cause for searches, making consent and search warrant challenges particularly important.

Chain of custody issues can also lead to case dismissals. The prosecution must prove that the substance tested by the crime lab is the same material seized from our client. Any gaps or irregularities in the handling process can create reasonable doubt.

Our Frisco drug crimes lawyers also challenge the burden of proof requirements, working to hold the prosecution accountable for proving every element beyond reasonable doubt. This includes proving the substance is actually marijuana, that our client knew of its presence and illegal nature, and that the amount meets the threshold for the charged offense.

Laboratory testing and weight measurements face scrutiny in our defense strategy. Texas crime labs use sophisticated testing methods including gas chromatography/mass spectrometry (GC-MS) and derivatization testing to avoid THCA conversion issues. However, DPS crime labs only test felony marijuana cases due to capacity limitations, requiring private lab testing for misdemeanor cases at higher cost. We have successfully challenged cases involving testing methodology issues and usable weight requirements.

The Legal Process for Marijuana Charges in Collin County

Understanding the legal process helps our clients make informed decisions about their defense. Marijuana cases in Frisco typically begin with arrest and booking, followed by an initial court appearance where charges are formally read and bail is set.

The arraignment allows defendants to enter a plea, though we typically advise clients to plead not guilty to preserve all defense options. Pre-trial motions become important for challenging evidence, requesting discovery, and filing motions to suppress illegally obtained evidence.

Collin County offers several diversion programs for eligible first-time offenders:

• DWI/Drug Court Program (County Court at Law 7): 2-year formal probation program for non-violent offenders with minimum 12 months participation
• 416th Judicial District Felony Drug Court Program: Minimum 12-month program with three phases including weekly court appearances, treatment compliance, and substance abuse evaluation

These programs may allow defendants to avoid conviction through community service, education programs, and treatment. Successful completion can result in arrest documents being shredded and electronic records deleted. However, eligibility requirements are strict, and not all cases qualify.

If a case proceeds to trial, jury selection becomes important, as we seek jurors who understand the presumption of innocence and the high burden of proof required for conviction. Sentencing options may include probation, community service, drug education programs, or jail time, depending on the specific charges and the defendant’s criminal history.

Protecting Your Future After a Marijuana Arrest

A marijuana conviction can have consequences extending far beyond criminal penalties. Employment background checks may reveal drug convictions, potentially affecting job opportunities in healthcare, education, finance, and other regulated industries.

Professional licenses face particular scrutiny, with medical professionals, attorneys, teachers, and others potentially facing disciplinary action or license suspension. Federal student financial aid eligibility may be affected, as drug convictions during enrollment while receiving federal aid can result in loss of Title IV eligibility with specific penalties: possession (1st offense = 1 year, 2nd = 2 years, 3+ = indefinite ineligibility) and sale (1st offense = 2 years, 2nd+ = indefinite ineligibility).

Non-citizens face immigration consequences, as drug convictions can lead to deportation proceedings or prevent naturalization. Additionally, driver’s license suspension may occur in certain cases, affecting the ability to work and maintain independence.

Fortunately, Texas law provides options for record clearing through expungement and orders of nondisclosure. Recent 2025 legislation expanded access to both options for certain non-violent offenses. Expungement completely removes eligible cases from public records and is available for dismissed charges, not guilty verdicts, no charges filed, completed pretrial diversion, or pardoned convictions. Meanwhile, nondisclosure seals records from most background checks while keeping them available to law enforcement and certain government agencies, providing an alternative when expungement is not available.

Why Choose My Dallas Criminal Lawyer for Your Frisco Case

Our firm brings valuable advantages to marijuana defense cases through Justin Wilson’s background as a former prosecutor with the Collin County District Attorney’s office. This experience provides insight into prosecution strategies and helps us build more effective defenses.

We have achieved significant results in drug cases, including a THC delivery case dismissed when the crime lab could not distinguish THC from other mixed chemicals or prove weight beyond reasonable doubt. Another possession of controlled substance residue case was dismissed when the lab could not measure usable weight, and corroborative evidence pointed to the defendant’s girlfriend rather than our client.

Justin Wilson has been recognized as a Texas Rising Star from 2021-2023 and became a member of the Texas Bar College in 2023. Our firm maintains a 5.0 Google rating with over 42 positive reviews, reflecting our commitment to client service and successful outcomes.

Our convenient Frisco office location at 5 Cowboys Way Suite 300 provides easy access for clients throughout Collin County. We offer 24/7 availability for urgent matters and provide bilingual support to serve our diverse community.

Contact Our Experienced Frisco Marijuana Defense Team

If you are facing marijuana charges in Frisco or anywhere in Collin County, contact My Dallas Criminal Lawyer for a free consultation. During this initial meeting, we will review the facts of your case, explain your legal options, and develop a defense strategy tailored to your specific situation.

Our case evaluation process includes reviewing police reports, examining evidence, and identifying potential defense strategies. We explain the legal process, potential outcomes, and our fee structure in clear terms, helping you understand every aspect of your case.

We offer flexible payment options and work with clients to make quality legal representation accessible. Emergency contact availability means you can reach us when urgent legal issues arise.

To schedule your free consultation, call 214-949-4117.Taking immediate action protects your rights and provides the opportunity for a favorable outcome. Our experienced team is ready to fight for your future and help you work through this challenging time with confidence and skilled representation.