Cofer Luster Criminal Defense Lawyers | February 25, 2026 | Criminal Defense
Texas has some of the toughest criminal laws in the country in some areas, but it’s also a state known for its substantial personal freedoms. Knowing where that line is can help you avoid serious legal trouble, as what’s legal in one situation might lead to arrest in another.
Here’s an overview of what’s considered illegal (and what’s not) under Texas criminal law. If you’ve been charged with an offense, reach out to a criminal defense lawyer for legal help today.
Marijuana and Controlled Substances
Despite widespread reform in other states, marijuana remains illegal for recreational use in Texas.
Possession of even small amounts can still result in a criminal charge, such as:
- Under 2 ounces: Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine
- 2–4 ounces: Class A misdemeanor, up to one year in jail and a $4,000 fine
- Over 4 ounces: Felony charges, with possible prison time
Medical marijuana is permitted only under limited conditions through the Texas Compassionate Use Program. Patients must have qualifying medical conditions, such as epilepsy, and the product must contain less than 1% THC.
Guns and Weapons
Texas has some of the most permissive gun laws in the U.S., but there are still restrictions. Adults aged 21 and older can generally carry a handgun in public without a license, a policy known as permitless carry.
However, it’s still illegal to:
- Carry a firearm as a convicted felon or under a protective order
- Bring a gun into a restricted area, such as a school
- Use or display a weapon in a threatening way
- Carry a firearm while intoxicated
Violating these rules can lead to misdemeanor or felony charges, depending on the situation.
Self-Defense and Use of Force
Texas is known for its Stand Your Ground and Castle Doctrine laws, which allow you to use reasonable force (including deadly force) in certain situations.
You are generally protected from prosecution if:
- You reasonably believed force was necessary to stop an attack or prevent a serious crime
- You were not the initial aggressor
- You used only the amount of force necessary to stop the threat
However, self-defense doesn’t apply in many contexts, such as if you provoke the confrontation or if you use excessive force. Courts evaluate each case individually, and claiming self-defense doesn’t guarantee an acquittal; it must be proven with credible evidence.
Alcohol and Driving Laws
Texas has strict laws regarding alcohol consumption and driving. The legal blood alcohol concentration (BAC) limit is 0.08%, though drivers can still be arrested for impairment below that level if police believe alcohol or drugs affected their ability to drive safely.
Driving under the influence (DWI) penalties include:
- Up to 180 days in jail and fines up to $2,000 for a first offense
- License suspension for up to one year
- Higher penalties for repeat offenses and accidents causing injury
Open container laws also make it illegal to have an open alcoholic beverage in the passenger area of a vehicle, even if the driver isn’t drinking.
Contact the Fort Worth Criminal Defense Lawyers at Cofer Luster Criminal Defense Lawyers for Help Today
Texas residents enjoy broad personal freedoms, but those freedoms come with limits. If you’re unsure whether something is legal or if you’ve been charged with an offense, Cofer Luster Criminal Defense Lawyers can help. Our Fort Worth criminal defense attorneys can explain the law as it applies to your case and help you work toward the best outcome possible from there.
For more information, please contact the Criminal Defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102