Possession of Marijuana in Texas
Possession of Marijuana, even in very small amounts, is illegal in Texas. The standard for prosecution is whether or not there was a “usable quantity” of marijuana.” While there is no specific quantity that constitutes the legal standard is the trier of fact would have to be able to determine that the amount possessed could have been used.
What is a “Usable Quantity” of Marijuana in Texas?
In various cases around the state, courts have found the following amounts were sufficient to satisfy a usable quantity of marijuana:
- one-half ounce; (Carmouche v. State, 540 S.W.2d 701, 702 (Tex.Crim.App.1976));
- one hand-rolled cigarette weighing .38 grams. (Andrade v. State, 662 S.W.2d 446, 449 (Tex.App.-Corpus Christi 1983, pet. ref’d).
Possession of Marijuana in Texas
A person commits possession of marijuana under Texas law if the person “knowingly or intentionally possesses a usable quantity of marijuana.” (Tex. Health & Safety Code Section 481.121.) The key factor here is possession. Possession is not ownership, rather possession means “actual care, custody, control, or management.” Section 481.002 (38).
Our attorneys defend individuals facing state marijuana charges in north Texas and federal marijuana charges throughout the country. We are also one of the leading firms in the nation when it comes to defending individuals whose property (ranging from vehicles to headshops) has been seized and when bank accounts are frozen or seized based on allegations of drug trafficking.
Penalties for Possession of Marijuana in Texas
Texas classifies its possession of marijuana offenses according to the quantity of marijuana possessed.
Driver License Suspension Due to Marijuana Conviction
Once a person is convicted of any grade of possession of marijuana in Texas, that person’s driver license will automatically be suspended by the Texas Department of Public Safety for at least 180 days. (Tex. Tn. Code Ann. §521.372(1).
Possession of Marijuana Punishment Chart
|Possession of Drug Paraphernalia||Class C Misdemeanor||$0-500 Fine|
|Possession of Marijuana Under Two Ounces||Class B Misdemeanor||Up to 180 days in Jail,$0-2,000 fine|
|Possession of Marijuana 2-4 oz||Class A Misdemeanor||Up to 1 year in Jail,$0-4,000 fine|
|Possession of Marijuana 4 oz to 5 lbs||State Jail Felony||180 days – 2 Years, State Jail, Up to $10,000 fine.|
|Possession of Marijuana 5-50 lbs||Third Degree Felony||2-10 Years Penitentiary, Up to $10,000 fine|
|Possession of Marijuana 50-2000 lbs||Second Degree Felony||2-20 Years Penitentiary, Up to $10,000 fine.|
|Possession of Marijuana 2000+ lbs||First Degree Felony||5-99 Years/Life, Up to $50,000 fine*|
If you’ve been charged with possession of marijuana in any amount in north Texas, call us at (817) 203-2220.
What about marijuana wax or hash?
Texas Health and Safety Code Section 481.103 makes “[t]etrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives.” In everyday terms, that means anything with THC is likely going to get prosecuted as a Penalty Group II substance. This means any amount, even under 1 gram, is considered a felony. Making matters worse, drugs in Texas include the weight of adulterants and dilutants. This is why, at least for a time, a Texas teenager was facing a potential life sentence for baking a tray of marijuana-infused brownies, despite the fact that there was only 2.5 grams of THC in the 1.5 pounds of brownies he made.
What is falsifying a drug test?
A common condition of probation or being out on bond is that a person provide random urinalysis samples to test for the presence of illicit drugs. If you are caught using any device or substance to defeat a drug test – from a urinator to synthetic urine – you will be charged with a new Class B offense for falsifying a drug test.