In recent years, many states have decriminalized or legalized the possession of marijuana for medical and/or recreational purposes. Unfortunately, Texas is not one of those states.
Marijuana Laws in Texas
The possession of any usable quantity of marijuana is illegal in Texas. The severity of the punishment depends on the amount marijuana in your possession, and whether it is alleged you are selling or distributing marijuana as opposed to merely possessing it for your own personal use.
Range of Punishment
Possession of less than 2 ounces of marijuana is the lowest level drug offense in Texas. However, it is s a Class B misdemeanor, which means possession of even a tiny amount of marijuana carries a range of punishment of up to 180 days in jail and a fine of up to $2,000.00.
The range of punishment increases as the amount of marijuana increases. For example, possession of between 4 ounces and 5 pounds of marijuana is a State Jail Felony offense punishable by up to 2 years in a state jail facility and a fine of up to $10,000.00.
How is a Marijuana Charge Usually Resolved?
I have defended many individuals accused of marijuana possession in Dallas County, Tarrant County, Collin County, and Denton County. In each marijuana case I handle, I conduct a thorough investigation of the facts and the evidence to determine if the marijuana evidence that was seized can be suppressed (thrown out) due to an illegal search.
I have secured dismissals of many marijuana cases when my investigation discovered that the police officer violated the law and conducted an illegal search of my client and/or my client’s vehicle. When marijuana evidence is suppressed and thrown out by the Court, the case against you is dismissed as well.
If the marijuana evidence in your case cannot be suppressed, I am usually able to aggressively negotiate a favorable resolution of your case with the prosecutor, including a reduction or a dismissal of the charge.
Every misdemeanor possession of marijuana charge I have handled ultimately has resulted in a dismissal of the case.
If you are facing a possession of marijuana charge in Texas, contact me today so I can discuss the facts of your case with you, answer any questions you have, and explain to you the tactical strategies I can use to achieve the best outcome possible in your case.