There were 20,765 possession of marijuana under two ounce cases filed in the last five years in Tarrant County alone. About 2,000 more cases were filed for other marijuana charges in Tarrant County over that same period. Almost all of the clients who hired us were able to achieve the following outcomes:
- Avoid jail time;
- Avoid a conviction; and
- Resolve the case in a manner that allows for an expunction or nondisclosure down the road.
Possession of Marijuana in Texas, even in very small amounts, is still illegal despite growing popular support and studies debunking popular beliefs. The standard for prosecution is whether or not there was a “usable quantity” of marijuana.” If officers claim a usable quantity of marijuana was seized, they will file a Possession of Marijuana under Two Ounce case. This is commonly abbreviated as “POMu2” or “Poss Marij <2 OZ.” Even at this lowest level, a Class B misdemeanor, a conviction for possession of marijuana can result in up to six months in jail, up to a $2,000 fine, court courts, up to two years of probation, and up to a 1 year Driver License Suspension. If the officers concede they don’t have a usable amount of marijuana, they will commonly file Possession of Drug Paraphernalia charges.
As the amount of marijuana goes up, so too does the punishment range. For example, Possession of Marijuana between 2-4 Ounces, (commonly abbreviated as POM 2-4, or Poss Marij >2 OZ <= 4 OZ) is a Class A misdemeanor punishable by a year in jail or two years probation.
Further complicating matters, even for first-time offenders, are enhancements like “Drug Free Zone” or “DFZ” enhancements which increase the punishment range by one level. All of a sudden a first-time offense can result in a felony punishment range that would otherwise be reserved for individuals who have an amount of marijuana that is more consistent with the sale than personal use of marijuana.
Defending Marijuana Charges
Our goal for anyone charged with possession of marijuana is to seek an outcome that does not result in a conviction or jail time. In many cases, we are able to secure outcomes that also make it possible to expunge even the arrest record. You can find dozens of examples of marijuana cases we have had dismissed or no-billed on our results page.
Although the number of possession of marijuana cases filed across the state has been falling over recent years, a conviction for possession of marijuana can result in jail time, a driver license suspension, and carry with it a social stigma that can jeopardize future employment opportunities.
There are a number of reasons you should consider hiring an attorney to represent you on a marijuana case. First and foremost, we never look at these charges as just the possibility for punishment in the immediate future. Instead, we are looking at all the present and future collateral consequences for this type of a charge. It will affect your current and future employment. A possession of marijuana conviction may prevent you from getting student loans. Certainly students on F1 or student visas jeopardize their chances of even staying in the country. So too does any plea to possession of marijuana over 30 grams for any non-citizen including permanent residents and Green Card holders.
So you decide to hire our firm boils down to this: Are you as concerned (if not more) about doing everything you can to keep a conviction off your record, and maximizing your chances to have even the arrest expunged or sealed off your record? If so, give us a call at (817) 203-2220 to find out how we can help you do that. All our partners are former Tarrant County prosecutors. We know how prosecutors think, things that impress them, and we know how to find weaknesses in cases that sometimes get overlooked. We have successfully defended numerous possession of marijuana cases in Fort Worth, Arlington, and throughout Tarrant County. In addition to being zealous advocates to prevent Possession of Marijuana convictions, especially in young adults, we are also active supporters of efforts to reform marijuana laws through organizations like NORML.
What Defenses Apply to Possession of Marijuana Cases?
- Disputing the amount: Whether we are discussing a possession of marijuana case that is a misdemeanor or a felony, the defense has a right to inspect the evidence. In some cases our inspection involves re-testing evidence to see if the substance is actually marijuana and if it falls within the punishment range the prosecutors are seeking. This may mean the difference between a felony and a misdemeanor or a ticket and a charge that can send you to jail.
- Disputing possession: Prosecutors are taught that possession means care, custody, and control. They are also taught that possession can be actual or constructive and that two people can possess the same thing at the same time. This all boils down to prosecutors being less than receptive to arguments that a person did not possess drugs, for instance, found in his vehicle. That does not mean juries are not receptive to those arguments.
- Illegal stops: An officer must have reasonable suspicion to stop you. Sometimes we are able to show that the officer did not have any legal basis to stop you and have the evidence obtained as a result of that stop thrown out.
- Illegal searches and seizures: Sometimes officers search a vehicle without obtaining consent, probable cause, or a search warrant. In those cases, we file Motions to Suppress to the evidence thrown out.
- Bad dog sniffs: While officers are allowed to use canines to sniff cars, there have been many instances where the police officer or dog handler is intentionally or unintentionally telling the dog to alert. It takes time, money, and usually expert testimony to fight this fight, but it is one worth fighting.
- Prolonged Detentions: Officers cannot prolong an otherwise completed stop just to get a drug dog to the scene. In cases involving drug dogs that were not already on site, we see opportunities to attack the evidence and potentially get it thrown out.
- Chain of custody: If we can show the chain of custody was compromised, there may be a way to win the case. If there was a problem with the first or last link in the chain, the judge may also rule the evidence is inadmissible before we ever get to a jury.
- Lab and officer issues: If you’ve been following the news, many labs have run into issues with dry-labbing, reporting errors, loss of accreditation, etc. Did you know that over 6,800 officers have been arrested in the State of Texas? We keep records of officer arrests as well as lab issues so that your case is checked for known bad apples.
Can you get your marijuana charge expunged?
This may be one of the most important questions you ask your attorney. The answer should be, “it depends.” If the case is handled properly, and if you get one of the outcomes that allow for expunction you should be able to get an expunction assuming you have no other violations during the statute of limitations period. Some outcomes like DPP and other diversion programs also offer paths to an expunction of the charge from your record.
What is the Statute of Limitations for Marijuana Charges?
If you are under the age of 21 and receive a jail sentence for possession of marijuana, your Driver License will be suspended for one year. If you are 21 or older, your license will be suspended for six months. Click here to learn more about license suspensions in Texas stemming from marijuana charges.
Driver License Suspension for Marijuana Charges
|POSSESSION OF MARIJUANA <2OZ||2 years|
|POSSESSION OF MARIJUANA <=2 OZ DRUG FREE ZONE||2 years|
|POSSESSION OF MARIJUANA >2 OZ<=4OZ DRUG FREE ZONE||3 years|
|POSSESSION OF MARIJUANA >2OZ<=4OZ||2 years|
|POSSESSION OF MARIJUANA >4 OZ<=5LBS DRUG FREE ZONE||3 years|
|POSSESSION OF MARIJUANA >4OZ<=5LBS||3 years|
|POSSESSION OF MARIJUANA >50LBS<=2,000LBS||3 years|
|POSSESSION OF MARIJUANA >5LBS<=50LBS||3 years|
|DELIVERY OF A CONTROLLED SUBSTANCE OR MARIJUANA TO MINOR||3 years|
|DELIVERY OF MARIJUANA <= 1/4 OZ||3 years|
|DELIVERY OF MARIJUANA <= 1/4 OZ REMUNERATION||3 years|
|DELIVERY OF MARIJUANA <=1/4OZ REMUN DRUG FREE ZONE||3 years|
|DELIVERY OF MARIJUANA >1/4 OZ<=5LBS||3 years|
|DELIVERY OF MARIJUANA >1/4 OZ<=5LBS DRUG FREE ZONE||3 years|
|DELIVERY OF MARIJUANA >5LBS<=50LBS||3 years|
Possession of Marijuana
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.) 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.
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).
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
|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.
Fort Worth Marijuana Defense Attorneys
Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:
- Discuss the facts of your case;
- Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
- Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.
You can also contact us online:
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.
Our Recent Results
As you can see from our results, our attorney have had exceptional results in obtaining remarkable results on possession of marijuana cases. Keep in mind we only update our results about once a year, so these are merely representative of our results. There may be a number of ways to avoid a conviction and jail time in your arrest. You may also be eligible for an outcome that will allow even your arrest to be expunged. Call us at (817) 203-2220 or online to find out how we can help you.
Possession of Drug Paraphernalia – Class C
A person commits the offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia. (Tex. Health & Safety Code §481.125(a).) Drug paraphernalia may include marijuana seeds, marijuana pipes, marijuana grinders, etc. The punishment for a class C misdemeanor in Texas is a fine of not more than $500, and does not involve any jail time. (Tex. Pen. Code Ann. §12.23.)
Possession of Marijuana Under Two Ounces – Class B
Possession of marijuana is a class B misdemeanor if the amount of marijuana possessed is two ounces or less. (Tex. Health & Safety Code §481.121(b)(1).) The punishment for a class B misdemeanor in Texas is a sentence of confinement in jail for a term of not more than 180 days, a fine of not more than $2000, or both. (Tex. Pen. Code Ann. §12.22.)
Possession of Marijuana Two to Four Ounces – Class A
Possession of marijuana is a class A misdemeanor if the amount of marijuana possessed is four ounces or less but more than two ounces. (Tex. Health & Safety Code §481.121(b)(2).) The punishment for a class A misdemeanor in Texas is a sentence of confinement in jail for a term of not more than one year, a fine of not more than $4000, or both. (Tex. Pen. Code Ann. §12.21.)
Possession of Marijuana Four Ounces to Five Pounds – State Jail
Possession of marijuana is a state jail felony in Texas if the amount of marijuana possessed is five pounds or less but more than four ounces. (Tex. Health & Safety Code §481.121(b)(3).) The punishment for a state jail felony in Texas is a sentence of incarceration in the state jail of 180 days to two years, and a fine of not more than $10,000. (Tex. Pen. Code Ann. §12.35.)
Possession of Marijuana Five Pounds to Fifty Pounds – Third Degree
Possession of marijuana is a felony of the third degree in Texas if the amount of marijuana possessed is 50 pounds or less but more than 5 pounds. (Tex. Health & Safety Code §481.121(b)(4).) The punishment for a felony of the third degree in Texas is incarceration in the Texas Department of Criminal Justice ranging from two years to ten years and a fine of not more than $10,000. (Tex. Pen. Code Ann. §12.34.)
Possession of Marijuana Fifty Pounds to 2000 Pounds – Second Degree
Possession of marijuana is a felony of the second degree in Texas if the amount of marijuana possessed is 2000 pounds or less but more than 50 pounds. (Tex. Health & Safety Code §481.121(b)(5).) The punishment for a felony of the second degree in Texas is incarceration in the Texas Department of Criminal Justice ranging from two years to 20 years and a fine of not more than $10,000. (Tex. Pen. Code Ann. §12.33.)
Possession of Marijuana more than 2000 Pounds – First Degree
If a person possesses more than 2000 pounds of marijuana, the punishment is incarceration in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine of not more than $50,000. (Tex. Health & Safety Code §481.121(b)(6).)