Under Texas law, a single traffic stop that turns up alcohol, marijuana, and a firearm can generate three separate charges at once — driving while intoxicated, possession of marijuana, and unlawful carrying or possession of a weapon — each graded on its own ladder and each carrying its own consequences. That is the Texas lens on a case unfolding right here in the Dallas-Fort Worth area, where Dallas rapper BigXthaPlug was arrested in Collin County on exactly that combination of charges.
What Is BigXthaPlug Charged With?
According to the Allen Police Department, the rapper — whose legal name is Xavier Landum — was arrested and booked into the Collin County Jail on charges of driving while intoxicated, possession of marijuana, and illegal possession of a firearm. Police said the investigation remains active and that no further details were being released. Because these are only accusations and the case is still open, nothing here predicts its outcome — but because the arrest happened in a Frisco-adjacent county, it is a real-world window into how Texas actually charges and grades this exact cluster of offenses.
How Does Texas Treat a First DWI?
In Texas, driving while intoxicated is defined in Penal Code Section 49.04 as operating a motor vehicle in a public place while intoxicated — meaning either a blood-alcohol concentration of 0.08 or higher, or the loss of normal use of mental or physical faculties. A first-offense DWI is generally a Class B misdemeanor carrying up to 180 days in jail, a fine of up to $2,000, and a possible license suspension, with a minimum jail term if the BAC is 0.15 or higher, which bumps the charge to a Class A misdemeanor. Prior convictions, an open container, or a high BAC can each raise the stakes considerably.
Is Marijuana Possession Still a Crime in Texas?
Yes. Despite changing laws elsewhere, possession of usable marijuana remains illegal in Texas and is graded by weight under Health and Safety Code Section 481.121. Two ounces or less is a Class B misdemeanor, more than two up to four ounces is a Class A misdemeanor, and larger amounts climb into felony territory. A common defense issue is whether the substance was actually usable marijuana rather than a legal hemp product, since Texas distinguishes marijuana from hemp by THC concentration — a distinction that has made lab testing central to many of these cases.
When Is Carrying a Firearm Illegal in Texas?
Texas allows many adults to carry a handgun without a permit, but there are important exceptions. Under Penal Code Section 46.02, unlawful carrying can still be charged when a person carries a handgun while engaged in criminal activity beyond a Class C traffic offense, or when the person is otherwise prohibited from possessing a firearm. Separately, Penal Code Section 46.04 makes it a felony for certain people — including those with qualifying prior felony convictions — to possess a firearm at all. When a gun is found alongside drugs or during an intoxication stop, prosecutors often pair the weapons charge with the drug and DWI counts, which is why these cases frequently arrive as a stacked set rather than a single offense.
What Defenses Apply to a Texas Drug-and-Gun Stop?
Every case turns on its own facts, but common defense issues in a combined DWI, drug, and firearm case center on the stop and the search. Because evidence gathered after an unlawful stop or search can be challenged, the defense often examines whether police had a lawful reason to pull the vehicle over, whether any search was consented to or supported by probable cause, and whether the driver actually possessed or controlled the items found. Intoxication proof, the accuracy of chemical testing, the hemp-versus-marijuana question, and whether the person was legally barred from having a firearm are all frequently contested. Suppressing even one piece of evidence can reshape the entire case.
How L&L Law Group Can Help
A stacked DWI, drug-possession, and weapons case in Texas can expose a person to jail time, felony exposure, license consequences, and a permanent record, and the difference between a conviction and a dismissal often comes down to the legality of the stop, the strength of the testing, and whether the state can prove possession and intoxication. At L & L Law Group, PLLC, we defend Frisco and Dallas-Fort Worth clients against DWI, marijuana, and firearm charges, scrutinizing the traffic stop and search, challenging the chemical and lab evidence, and working toward the leading available resolution. If you or a loved one is facing DWI, drug, or weapons charges in Collin County or anywhere in DFW, contact us for a confidential consultation.
Frequently Asked Questions
Can one traffic stop lead to three separate charges in Texas? Yes. A single stop that reveals intoxication, marijuana, and a firearm can produce distinct DWI, drug-possession, and weapons charges, each graded and punished on its own terms.
Is a small amount of marijuana a felony in Texas? Usually not. Under Health and Safety Code Section 481.121, two ounces or less is a Class B misdemeanor; the offense level rises with the weight involved.
Does Texas require a permit to carry a handgun? Many adults may carry without a permit, but Penal Code Sections 46.02 and 46.04 still make carrying unlawful for people engaged in certain criminal activity or barred from possessing a firearm.
Source: Reporting via CBS News Texas citing the Allen Police Department (August 2026). This article is legal commentary by L & L Law Group, PLLC on a news story and is not a republication of the original reporting.
By Reggie London and Njeri London. This article is attorney advertising and general information, not legal advice, and does not create an attorney-client relationship. Every case is different; outcomes depend on specific facts. If you face criminal charges in Texas, consult a licensed Texas criminal-defense attorney.