What Happens if You’re charged with Marijuana possession in Texas?

In the state of Texas, marijuana possession is considered a criminal offense. Depending on the amount of marijuana found on your person or in your possession, you could face jail time, hefty fines and other penalties. Understanding what happens in case of a marijuana possession charge or conviction can help you make informed decisions in the future. Let’s take a look at what happens if you’re charged with marijuana possession in Texas.

• Marijuana possession in Texas: Laws and statements
• Penalties for Marijuana Possession in Texas
• Understanding Your Rights: marijuana regulations and laws
• Marijuana legalization in Texas
• Conclusion: how a criminal law expert can help

In Texas, marijuana possession is considered a criminal offense. While it is possible to face criminal charges for possession of marijuana, the penalties associated with the crime vary significantly depending on how much marijuana was found and what purpose it served. State marijuana possession laws say that anyone who knowingly or intentionally possesses a usable amount of marijuana can be charged with a Class B misdemeanor.

On October 6, 2022, President Biden declared a reprieve of all federal offenses regarding simple marijuana possession. However, this pardon applies solely to convictions under federal law, including those found in the D.C. Code and do not extend down to state or local laws enforced by governments within each region across America.

Marijuana laws in Texas remain in effect and penalties may vary. Additional factors such as whether the marijuana possession was for personal use or in order to distribute, as well as any prior criminal history or marijuana offenses, a subsequent offense, drug arrest for drug possession or drug paraphernalia may affect the severity of your charges.

Under Texas law, the penalties for marijuana possession depend on the amount of marijuana possessed and the purpose it served. Unlike other states that allow medical marijuana or decriminalize certain amounts of marijuana possession, Texas has extremely strict laws that punish first-time offenders harshly.

Criminal penalties related to controlled substance abuse or possession in the state of Texas are outlined in the state’s Health and Safety Code. For marijuana possession, State law states that:

• First-time offenders found in possession of two ounces or less of marijuana, as well as paraphernalia used to consume the drug could face up to 180 days in jail and a fine of $2,000.

• If more than two ounces but less than four ounces are found in the offender’s possession, the charge will be upgraded to a Class A misdemeanor and can result in up to one year in jail and a fine of $4,000.

• For offenders who possess more than four ounces but less than five pounds of marijuana, they could face felony charges for possession with intent to distribute and could face up to two years in jail and a fine of $10,000.

• Those who are found with more than five pounds but less than 50 pounds of marijuana could face a felony charge and up to two years in jail and a fine of $10,000.

• For those who possess more than 50 but less than 2,000 pounds of marijuana, they may be charged with a felony and could face between two and 10 years in jail as well as a fine of up to $10,000.

• More than 2,000 pounds of marijuana possession could result in a felony charge with up to 99 years or life in prison and a fine of $50,000.

It’s important to note that all marijuana possession charges in Texas are highly dependent on individual cases and the circumstances surrounding the arrest. Additionally, anyone who knowingly distributes marijuana to a minor could face increased criminal charges.If the offender has prior convictions for controlled substances, including marijuana possession, they may be subjected to harsher penalties.

In addition, individuals found in possession of marijuana may be ordered to take part in a substance abuse program or complete community service. In some cases, those convicted may be eligible for probation or deferred adjudication, which can potentially reduce the amount of jail time.

It is also important to consult an experienced criminal defense attorney who can provide you with more information on what to expect regarding your potential penalties for marijuana possession in Texas.

If you have been charged with possession of marijuana in Texas, it is important to understand your legal rights. It is your right to remain silent when confronted by law enforcement agencies or individuals and you do not have to answer any questions or make any statements until after speaking with a criminal defense lawyer.

Additionally, it is important to remember that the burden of proof is on the prosecution, who must prove beyond a reasonable doubt that the suspect was in possession of an illegal substance. An experienced criminal defense attorney can help build a defense against your charges and provide you with more information about Texas marijuana laws and regulations.

It's important to understand that marijuana arrests does not necessarily mean that you will be convicted. The state must prove beyond a reasonable doubt that you were aware that there were drugs present and that they were yours before they can convict you on the charge.

You should also consider consulting with an attorney who specializes in drug law so that they can help ensure all legal procedures are followed correctly and keep your rights protected throughout the process.

At this time, marijuana possession in Texas is still illegal and individuals found in violation of state drug laws can face serious criminal penalties. However, there have been recent efforts to legalize medical marijuana in the state. The Texas Legislature has formed a task force to consider the implications of legalizing medical marijuana and the group is expected to make recommendations on potential reforms.

It is also important to understand that Texas does not allow for medical marijuana or decriminalize marijuana possession in any way. Until the state legislature passes a law that explicitly legalizes medical marijuana, individuals found in violation of possession laws can still face criminal penalties.

Possessing marijuana in Texas is a serious offense that can result in serious punishments. If you have been charged with possession of marijuana or any other controlled substance, it is important to consult an experienced criminal defense attorney who can provide you with more information on potential penalties and legal options. An experienced criminal defense lawyer will also be able to help protect your rights and ensure that you are treated fairly throughout the legal process.

At the Law Office of Rolando Cantu, we are committed to protecting the rights of individuals charged with marijuana convictions in Texas. We understand that everyone deserves a fair trial, and we will work diligently to defend your case and ensure that you get the best outcome for your situation. Contact us today for more information or to schedule a free consultation.