It’s hard enough being caught up in a marijuana DWI charge in Texas, let alone not knowing the state’s marijuana laws. While DWI charges are serious, they can be won. This piece will look at the Texas marijuana laws and your options in case you face an arrest.

• Texas DWI facts at a glance: According to the Texas Department of Transportation, Texas recorded a total of 24,617 DWI crashes in 2019. It is illegal to drive while impaired of any drug, illicit or otherwise, in Texas. As such, anyone who smokes or consumes any form of marijuana and operates a vehicle while intoxicated can be arrested and charged for a DWI/DUI offense in the state.

Let’s now have a deeper look at the state’s Marijuana laws:

What Does the Law Say About Marijuana DWI in Texas?

According to the Texas Penal Code 49, a motorist can be charged for a DWI offense if it is established they lack the normal use of their mental or physical faculties due to the introduction of marijuana. Currently, no Texas law specifies the level of marijuana or its metabolites that causes impairment. Since it carries an illegal status, any amount of marijuana found in the person’s test specimen can be used to prove they were driving under the influence.

What Are the Penalties for Marijuana DWI Convictions in Texas?

The penalties for DWI in Texas are the same regardless of whether you were driving while intoxicated by marijuana, alcohol, prescription drug, or any other illegal drug. Penalties of DWI marijuana conviction in the state include:

• First offense: Attracts between 3 to 180 days jail term and a fine of up to $2000. Your license can also be suspended for between 90 days and one-year
• Second offense: Attracts between 30 days to 1 year jail term and a fine of up to $4000. Your license can also be suspended for between 180 days and two-year.
• Third offense: Attracts between 2 to a 10-year jail term and a fine of up to $10,000. Your license can also be suspended for between 180 days and two years.

All the above penalties can be accompanied by additional penalties, including community service, drug therapy, DWI school, and vehicle impoundment.

Can I be arrested for DWI with marijuana possession in Texas?

The Texas House of Representatives recently passed a Bill 88-40 that lowered the criminal penalty for possession of small amounts of marijuana of 1 ounce or less. However, possessing up to 2 ounces of marijuana is currently a Class B misdemeanor in the Lone Star state. The offense attracts up to 180 days in jail and a $2000 fine.

If you have marijuana on your person in some Texas locations, the law enforcement can add a drug possession charge to your initial DWI marijuana drug charge. However, some jurisdictions in Texas, including Houston and Harris counties, no longer prosecute low-level marijuana possession.