Todd Ver Weire

Marijuana Lawyer in Georgetown, TX

While some states in the southwest have legalized the use of marijuana, it is important to remember that Texas is NOT one of those states. Recreational use of marijuana is illegal in Texas, and it is still a crime under federal law as well. People who are caught with even just a little weed for personal use could be subject to harsh legal penalties.

Being charged with the possession, cultivation, or sale of marijuana in Texas can lead to severe punishment. A criminal charge for marijuana can also affect your employability and reputation. That’s why you need the Law Office of W. Todd Ver Weire on your side to mount a strong legal defense.

Don’t delay. To discuss your cannabis charges with an experienced marijuana lawyer near you, contact our Georgetown, TX criminal defense law firm. All consultations with us are confidential.

What Are the Marijuana Laws in Texas?

A lot of clients are confused about marijuana laws in the Lone Star State because of different and evolving statutes from city to city and county to county. While Texas laws regarding CBD and THC use and regulation could be changing depending upon what the legislature decides in the second special session of 2025, the possession of marijuana, even a single joint, is a criminal offense.  

It’s best to explore Texas laws on marijuana by examining recreational use of the drug, medical use of cannabis, and the use of hemp-derived products. Our Georgetown defense law firm will keep you updated about any changes to these strict marijuana laws.

  • Recreational Use of Marijuana: The recreational use of cannabis remains illegal in Texas.
  • Medical Use of Cannabis: The medical use of cannabis is legal in Texas. However, the only permitted cannabis product is low-THC cannabis oil (less than 1%) with a doctor’s approval.
  • Low-THC Hemp-Derived Oil: Medical use of low-THC cannabis oil (less than 0.3%) is allowed without a doctor’s note.

These low-level THC oils can cause issues if you have some on your person. You are not a scientist with a gas chromatograph in your pocket, so there is no way for you to know if there is a legally permissible amount of THC in the substance in your possession.

What to Do If Texas Law Enforcement Asks If You Have Marijuana

If a member of law enforcement or a TSA security officer asks if the substance you have is marijuana, you should say that you do not know and exercise your right to remain silent. Even if you are a chemist and have access to the correct testing equipment and protocols, you simply do NOT know if it is hemp (which is legal) or marijuana (which is illegal). In fact, recent reports from the Texas Forensic Science Commission highlight the complexities of using the right testing methods to make that determination, something that DPS Crime Labs and private labs used by the State were not doing when testing various THC-containing products.  As such, exercise that Fifth Amendment right, and remain silent.

Law enforcement does NOT have to be honest with you when asking questions. The police and other officers undergo hours of training on how to get folks to confess to drug possession unknowingly or to slip up and admit guilt. Many individuals are convicted of marijuana-related offenses because they thought they were being helpful to law enforcement, and that doing so would reduce their charges.

When in doubt, shut your mouth.

When you’re able to do so, seek legal help from the Law Office of W. Todd Ver Weire. Whatever your cannabis or marijuana charges, our Georgetown, TX criminal defense firm can help.

Why Choose Todd Ver Weire as Your Marijuana Defense Attorney

Defense attorney Todd Ver Weire has practiced law for more than three decades. He’s long believed in the importance of service, and that belief was reinforced when he attended the U.S. Military Academy. As a marijuana defense attorney for people in Georgetown and nearby communities, he vows to treat you with respect and handle your case without any pre-judgment.

Experience as a Prosecuting Attorney

Before he became a criminal defense attorney, Todd served as the City Attorney and Prosecutor in Farmington, AR for two years. During that time, he learned that a lot of prosecutors try to hammer every case that comes to them like it’s the same old nail. As a defense lawyer, Todd’s role is to remind the prosecution that your marijuana case is unique. You are not a nail, and Todd won’t let them hammer you down.

Always Focused on the Facts of Your Case

While at West Point, Todd learned how to show grace under fire. He also learned to focus on the who, what, when, where, why, and how of every situation. Todd’s emphasis on the facts of your marijuana case means he won’t be thrown by surprises from Texas prosecutors.

A Trusted Local Attorney for Cases Involving Mental Health

Todd is well-respected in the local legal community. Many colleagues throughout Central Texas seek his advice on cases that center on the mental health of the defendant. Todd brings immense empathy to these kinds of cases and has a deep understanding of alleged crimes related to mental health episodes.

Defense Counsel for Williamson County DWI and Veteran Courts

As part of his commitment to people in the local community, Todd serves as defense counsel for the Williamson County DWI/Drug Court (DDCP) and the Williamson County Veterans Treatment Court (WCVTC). He is proud to assist others in their journeys related to chemical dependency, substance abuse, and mental health.

Contact an Experienced Marijuana Defense Lawyer in Georgetown, TX

If you’ve been charged with possession or a more serious marijuana offense in Texas, you need defense attorney Todd Ver Weire on your side. He can help you get the charges dropped or reduced and avoid personal and professional setbacks in your future. For a confidential consultation with a trusted marijuana lawyer near you, contact our Georgetown, TX criminal defense law firm.

Legal Penalties for Marijuana Offenses in Texas

The penalties for marijuana offenses in Texas can vary depending on the nature of the offense, the amount of marijuana involved, and the type of THC-related substance in question. When you visit our Georgetown criminal defense firm, we can discuss your marijuana charges and outline the potential penalties you face.

Marijuana Possession

Even if the weed was purchased in a state where marijuana is legal, you cannot have any marijuana for recreational use in the state of Texas.

The penalties for marijuana possession in Texas are as follows:

Amount of Marijuana Type of Offense Criminal Penalties
Up to 2 ounces Class B Misdemeanor Fine of up to $2,000 and up to 180 days in jail
2+ ounces to 4 ounces Class A Misdemeanor Fine of up to $4,000 and up to one year in jail
4+ ounces to 5 pounds State Jail Felony A fine of up to $10,000 and up to two years in state jail
5+ pounds to 50 pounds Felony of the Third Degree A fine of up to $10,000 and up to 10 years in prison
50+ pounds to 2,000 pounds Felony of the Second Degree A fine of up to $10,000 and up to 20 years in prison
2,000+ pounds Felony of the First Degree A fine of up to $10,000 and up to 99 years in prison

The above legal penalties also apply to the cultivation of marijuana in the state of Texas. Hemp, which is low in THC, is legal to cultivate with the correct paperwork.

Marijuana Paraphernalia 

Drug paraphernalia is a broad term that applies to any tools, equipment, or accessories used to produce, hide, or consume a drug. This could be a pipe, a bong, rolling papers, and so forth.

Possession of any drug paraphernalia in the state of Texas is a Class C Misdemeanor punishable by a fine of up to $500.

As a first offense, the sale of drug paraphernalia in the state of Texas is a Class A Misdemeanor punishable by a fine of up to $4,000 and up to a year in jail.

The sale of drug paraphernalia to a minor is a state jail felony in Texas that is punishable by a fine of up to $10,000 and up to two years in state jail.

Sale of Marijuana

Any kind of sale or trafficking of marijuana in Texas is illegal. The penalties for marijuana distribution in Texas are as follows:

Amount of Marijuana Type of Offense Criminal Penalties
Up to 7 grams without payment Class B Misdemeanor Fine of up to $2,000 and up to 180 days in jail
Up to 7 grams Class A Misdemeanor Fine of up to $4,000 and up to one year in jail
7+ grams to 5 pounds State Jail Felony A fine of up to $10,000 and up to two years in state jail
5+ pounds to 50 pounds Felony of the Third Degree A fine of up to $10,000 and up to 10 years in prison
50+ pounds to 2,000 pounds Felony of the Second Degree A fine of up to $10,000 and up to 20 years in prison
2,000+ pounds Felony of the First Degree A fine of up to $10,000 and up to 99 years in prison

In addition, if you sell or distribute any amount of marijuana to a minor in the state of Texas, you will be charged with a third-degree felony.

Stricter Penalties for Edibles, Hash, and Concentrates

The state of Texas has much harsher penalties for hash, edibles such as gummies or chocolates, or any baked goods that were made using THC concentrates or distilled oils.

For example, possession of less than 1 gram of edible is a state jail felony in the state of Texas. By comparison, you would need to possess more than 4 ounces of weed (≈116 grams) to be charged with a state jail felony.

Further, if you had that one-ounce bottle of liquid THC and made brownies with it, you could be facing a whole lot higher penalty. That brownie mix is nothing more than a dilutant in the eyes of the law, and the law allows the state to take into account the weight of the drug and any dilutants.  

Given the popularity of edibles and how easy it is to leave these kinds of THC products in your vehicle, in your luggage, or on your person, after a trip out West, it’s crucial to have our Georgetown marijuana defense attorney on your side to contest the charges against you.

The Collateral Consequences of a Marijuana Conviction

Even if you’ve served time and paid your debt to society, a marijuana conviction can affect your life for many years. These are the collateral consequences of a misdemeanor or felony cannabis conviction. Here’s how these consequences can harm your reputation both professionally and personally:

  • Effect on Employment/Career: A marijuana conviction could lead to termination from your job if there are strict drug policies at work. You may also experience difficulties getting employed because of your criminal record.
  • Effect on Education: A misdemeanor or felony conviction could affect your eligibility for financial aid and other services for students.
  • Effect on Housing: Certain landlords may refuse to rent a place to you after performing a background check and seeing a criminal conviction.
  • Effect on Family Law Disputes: Drug charges may lead to issues with child custody or child visitation if your suitability as a parent comes into question.

Rather than deal with these setbacks after a marijuana conviction, our Georgetown defense lawyer can help you fight your charges and determine the best possible outcome.

We’ll Develop a Strong Defense Based on the Details of Your Case

When working on any kind of drug or narcotic case, defense attorney Todd Ver Weire makes sure to focus on the facts. By carefully reviewing what happened, he can develop a defense strategy that includes all of the important and uncontestable details while identifying holes in the state’s case against you.

For instance, you may not have realized that you were in possession of cannabis at the time you were questioned by law enforcement. If law enforcement found THC in your system and charged you with driving while intoxicated (DWI), you may not have been aware that you ingested a substance with THC before getting behind the wheel.

Todd and his team are here to work with you and ensure you have a fighter on your side to defend you.

Specialty Courts and Marijuana Charges 

Central Texas is home to one of the largest veteran populations in the Country. This population risked their very lives to protect us, and some of them suffer from unbelievable mental health conditions such as Post Traumatic Stress Disorder, or suffer from never-ending severe chronic pain, both of which are helped by THC. Unfortunately, the compassionate use program in Texas is overly regulated, and the VA will not allow for the use of medicinal marijuana. This is where the Veterans Treatment Court can help.

If you are a Veteran of any branch of the US Armed Services, including the Reserves or National Guard, and the Coast Guard, you may be eligible to participate in the Williamson County VTC. The program in Williamson County has received numerous awards for its work in helping Veterans, and the Treatment Team, of which I serve as Program Defense Counsel, has undergone extensive training, including training dealing with how to recognize and deal with the trauma participants experience.  

The best part of the program, depending upon the nature of the charge, and if you qualify to participate, you can receive both a dismissal and state-paid-for expunction of the court case and all related records in the government’s care, custody, and control. Yep, the expunction acts as a magic eraser—it never happened. So if you get the expunction, you can legally say that you were never arrested or charged.  

Marijuana Charges and Pre-Trial Intervention Programs

We are ready to explore all options to avoid a criminal conviction and collateral punishment for a cannabis-related offense. This includes the Williamson County Pre-Trial Intervention Program. If you qualify for one of these programs, we can help you avoid prosecution and have your marijuana charges dismissed.

These pre-trial intervention programs are available to veterans, people who struggle with addiction, people with serious mental health issues, and people with no prior criminal offenses on their record. During your consultations with us, we can determine if this is the right option for you and let you know what to expect from this program.

Contact an Experienced Georgetown Marijuana Defense Attorney Today

Even a misdemeanor marijuana conviction can change your life. You need a defense lawyer who will advocate for you and seek to get those charges dropped or reduced. To get legal advice from a skilled and respected marijuana lawyer near you, contact our Georgetown, TX criminal defense law firm. It doesn’t matter if you were caught with weed or edibles—the Law Office of W. Todd Ver Weire is ready to help.