Drug Possession – Marijuana

Marijuana possession is at least a misdemeanor criminal charge under Texas law. Though most minor marijuana possession cases can be dealt with effectively, more serious charges with larger quantities or intent to sell are extremely serious charges.

And any time you are at risk of jail time, or even just a 6 month license loss, it makes sense to consult with an attorney to explore all your legal defense options.

The legal definition of marijuana possession is defined by Texas Health and Safety Code. Marijuana is in its own category in the possession law and, for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.

Texas Marijuana Possession – Laws & Penalties

Marijuana Possession Laws

WeightClassificationPenalty
2 ounces or lessClass B misdemeanorNot more than 180 days in a county jail and/or a fine of not more than $2,000
More than 2 ounces, but less than 4 ouncesClass A misdemeanorNot more than 1 year in a county jail and/or a fine of not more than $4,000
More than 4 ounces, but less than 5 poundsState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
More than 5 pounds, but less than 50 poundsThird-degree felony2 to 10 years in a state prison and/or a fine of not more than $10,000
More than 50 pounds, but less than 2,000Second-degree felony2 to 20 years in a state prison and/or a fine of not more than $10,000
More than 2,000 poundsEnhanced first-degree felony5 to 99 years and a fine of not more than $50,000

You can also be sentenced to a suspended driver’s license for up to six months following a conviction on any violation of the Texas Controlled Substances Act, including marijauna.

What Is the Most Likely Outcome for a Simple Marijuana Possession Charge in Texas?

If you are accused of a first offense of possessing less then 2 ounces of marijuana, it is likely you can work out a deal or even get your case dismissed in exchange for agreeing to drug treatment programs, or some community service. If you don’t get in any additional trouble in a set amount of time, the case may be dismissed or continued indefinitely.

These programs are called diversion programs, and are meant to avoid harsh penalties for first offenders. Some Texas counties also have drug courts, where the court intervenes with intensive monitoring of drug use and other mandatory programs in exchange for dismissing the possession charge in the future.

If you feel you may have a marijuana addition problem, agreeing to drug treatment can be an excellent option as part of a plea agreement.

The goal in these cases is to avoid a permanent criminal record. We can discuss exactly what your options are, and what kind of deal we think we can get for you after hearing about your case and reviewing the evidence against you as part of our free consultation.

Free Case Evaluation on Texas Marijuana Possession Laws

Being called into criminal court on a drug charge can be a frightening and intimidating experience.  But knowing you have an experienced defense attorney on your side, fighting for you, can make all the difference.

Please contact us today to find out what we can do for you.

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