Bo Kalabus | August 14, 2023 | Criminal Defense \ Drug Crimes
What happens if you get caught with weed in Texas depends on the amount of marijuana with which you are caught and the city you are in.
In Dallas County, if you are caught with less than 4 oz. of weed, the police no longer have to take you to jail due to a Cite and Release program that was instated December 2017. Instead, you could be fingerprinted and then given a court summons.
This does not change the potential punishment range for the offense, instead only avoids the initial arrest. The purpose of this change is to free up officers in the field so that they can handle offenses that are more serious. The law benefits the arrestee by allowing them to go home the same day of the offense instead of spending the night in jail. The punishment range is still the same if an arrestee is convicted of the offense.
When using the Cite and Release law, Dallas police officers must determine two things:
- Where the arrestee lives
- Whether the arrestee has any warrants
If the person resides within the county and has no warrants, they are given a field release citation and told to report on a certain date in the future.
In Collin County if you are caught with less than 4 oz. of marijuana you will more than likely be arrested and charged with possession. Even though the cite and release law has been on the books since 2007, few Texas cities and counties have implemented this program— but the list is growing. Houston, Austin and San Antonio are among large cities with similar programs in place.
So be prepared, if you are caught with marijuana in cities outside of Dallas County (Collin, Denton, Tarrant County) you could be arrested and taken to jail.
If you’ve been charged with a crime in McKinney or Dallas and need legal help, contact our skilled criminal defense attorneys at Texas Defense Firm. Schedule a confidential consultation today to discuss your case and protect your rights.
We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
Texas Defense Firm – Dallas Office
4100 Alpha Rd Suite 476
Dallas TX 75244
(469) 772-9509
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