Yes, marijuana use is illegal in Fort Worth, along with the rest of Texas. But Fort Worth police officers might handle each circumstance differently.
2021 Texas Marijuana Laws
Possession
| Offense | Penalty | Incarceration | Maximum Fine |
|---|---|---|---|
| 2 oz or less | Misdemeanor | 180 days | $2,000 |
| 2 - 4 oz | Misdemeanor | 1 year | $4,000 |
| 4 oz to 5 lbs | Felony | 180 days - 2 years | $10,000 |
| 5 - 50 lbs | Felony | 2 - 10 years | $10,000 |
| 50 - 2000 lbs | Felony | 2 - 20 years | $10,000 |
| More than 2,000 lbs | Felony | 5 - 99 years | $50,000 |
Sale
| Offense | Penalty | Incarceration | Maximum Fine |
|---|---|---|---|
| 7 g or less for no remuneration | Misdemeanor | 180 days | $2,000 |
| 7 g or less | Misdemeanor | 1 year | $4,000 |
| 7 g to 5 lbs | Felony | 180 days - 2 years | $10,000 |
| 5 - 50 lbs | Felony | 2 - 20 years | $10,000 |
| 50 - 2000 lbs | Felony | 5 - 99 years | $10,000 |
| More than 2000 lbs | Felony | 10 - 99 years | $100,000 |
| To a minor | Felony | 2 - 20 years | $10,000 |
How Fort Worth Police Officers Are Handling the Law
Recently, Fort Worth law enforcement agencies have actually begun issuing lighter punishments for marijuana use. While they are "no longer arresting or citing people caught with small amounts of marijuana," arrest warrants will be issued when a substance has more than 0.3% of THC.
According to the Fort Worth Police Department:
"Due to issues with testing and differentiating hemp, which is legal, from marijuana containing THC, the department is currently treating marijuana cases as suspect cases and seizing suspected marijuana to be tested at a later date. If tests later conclude seized substances are illegal to possess, we will then obtain arrest warrants and proceed with criminal charges as appropriate."
A November 2020 report by NBCDFW included feedback from Fort Worth Police Captain Mark Barthen. He stated that they have "only been seizing the marijuana" and "not issuing citations in lieu of arrest..."
Recently, Fort Worth law enforcement agencies have actually begun issuing lighter punishments for marijuana use. While they are "no longer arresting or citing people caught with small amounts of marijuana," arrest warrants will be issued when a substance has more than 0.3% of THC.
According to the Fort Worth Police Department:
"Due to issues with testing and differentiating hemp, which is legal, from marijuana containing THC, the department is currently treating marijuana cases as suspect cases and seizing suspected marijuana to be tested at a later date. If tests later conclude seized substances are illegal to possess, we will then obtain arrest warrants and proceed with criminal charges as appropriate."
A November 2020 report by NBCDFW included feedback from Fort Worth Police Captain Mark Barthen. He stated that they have "only been seizing the marijuana" and "not issuing citations in lieu of arrest..."
Cite and Release
In Tarrant County, officials are working towards implementing the Cite and Release law. Under article 14.06 of the Texas Code of Criminal Procedure, this law would allow "law enforcement officers to issue citations, tickets, or warnings for certain low-level offenses, instead of making arrests." Pertaining to marijuana, these low-level offenses include:
This policy is a way to improve the criminal justice system - its fairness, accuracy, and speed - for both authorities the accused. According to the Immigrant Legal Resource Center:
"If a person receives a citation, instead of being arrested and sent to jail, the person receives a summons to report to a specific location at a later date to handle the charge(s). The officer can also issue a warning and let the person go without writing a citation."
In Tarrant County, officials are working towards implementing the Cite and Release law. Under article 14.06 of the Texas Code of Criminal Procedure, this law would allow "law enforcement officers to issue citations, tickets, or warnings for certain low-level offenses, instead of making arrests." Pertaining to marijuana, these low-level offenses include:
- Possession of marijuana less than two ounces
- Possession of marijuana between two and four ounces
This policy is a way to improve the criminal justice system - its fairness, accuracy, and speed - for both authorities the accused. According to the Immigrant Legal Resource Center:
"If a person receives a citation, instead of being arrested and sent to jail, the person receives a summons to report to a specific location at a later date to handle the charge(s). The officer can also issue a warning and let the person go without writing a citation."
DWI in Fort Worth for Being High on Marijuana
Can a Fort Worth police officer charge you with DWI if they think you're high on marijuana?
The biggest factor is that while police may want to charge clients with a DWI for driving while intoxicated by marijuana, the AUTHORITY on DWI - the National Highway Traffic Safety Administration manual - says that field sobriety tests are only indicators of impairment for alcohol. I alway laugh when police do field sobriety tests for someone suspected of driving while high on marijuana.
Do police routinely ignore something that they're supposed to follow when it doesn't suit their purposes? This is why you need a Fort Worth DWI attorney to pick apart your case, detail by detail. The most common similarity with each of my DWI clients is that they are certain that they will be arrested and put in jail for their first DWI. It's critical for them to understand that a good representation can usually avoid any jail time at all.
Can a Fort Worth police officer charge you with DWI if they think you're high on marijuana?
The biggest factor is that while police may want to charge clients with a DWI for driving while intoxicated by marijuana, the AUTHORITY on DWI - the National Highway Traffic Safety Administration manual - says that field sobriety tests are only indicators of impairment for alcohol. I alway laugh when police do field sobriety tests for someone suspected of driving while high on marijuana.
Do police routinely ignore something that they're supposed to follow when it doesn't suit their purposes? This is why you need a Fort Worth DWI attorney to pick apart your case, detail by detail. The most common similarity with each of my DWI clients is that they are certain that they will be arrested and put in jail for their first DWI. It's critical for them to understand that a good representation can usually avoid any jail time at all.