possession of marijuana charges in Texas

Possession of Marijuana in Texas | Marijuana Laws and Penalties

Possession of Marijuana in Texas

Possession of Marijuana in Texas, even in very small amounts, is illegal. 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

Possession of Drug ParaphernaliaClass C Misdemeanor$0-500 Fine
Possession of Marijuana Under Two OuncesClass B MisdemeanorUp to 180 days in Jail,$0-2,000 fine
Possession of Marijuana 2-4 ozClass A MisdemeanorUp to 1 year in Jail,$0-4,000 fine
Possession of Marijuana 4 oz to 5 lbsState Jail Felony180 days - 2 Years, State Jail, Up to $10,000 fine.
Possession of Marijuana 5-50 lbsThird Degree Felony2-10 Years Penitentiary, Up to $10,000 fine
Possession of Marijuana 50-2000 lbsSecond Degree Felony2-20 Years Penitentiary, Up to $10,000 fine.
Possession of Marijuana 2000+ lbsFirst Degree Felony5-99 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.

Our Recent Possession of Marijuana Results

POSS MARIJUANA 2-4 OZ1/7/15Dismissed
POSS MARIJUANA 4OZ-5LBS5/16/16No-Billed
POSS MARIJUANA 4OZ-5LBS2/11/15Dismissed
POSS MARIJUANA 4OZ-5LBS2/11/15Dismissed
POSS MARIJUANA 4OZ-5LBS3/21/15Prosecution Barred
POSS MARIJUANA U/211/11/14Dismissed
POSS MARIJUANA U/28/11/14Dismissed
POSS MARIJUANA U/28/19/14Dismissed
POSS MARIJUANA U/28/24/14Dismissed
POSS MARIJUANA U/25/27/15Dismissed
POSS MARIJUANA U/28/17/15Dismissed
POSS MARIJUANA U/22/2/13Dismissed
POSS MARIJUANA U/212/23/14Dismissed
POSS MARIJUANA U/210/21/14Dismissed
POSS MARIJUANA U/28/21/15Prosecution Barred
POSS MARIJUANA U/29/17/14Prosecution Barred
POSS MARIJUANA U/211/2/14Dismissed
POSS MARIJUANA U/23/11/16Prosecution Barred
POSS MARIJUANA U/26/25/14Dismissed
POSS MARIJUANA U/22/4/16Dismissed
POSS MARIJUANA U/21/7/16Dismissed
POSS MARIJUANA U/212/17/15Dismissed
POSS MARIJUANA U/212/11/15Dismissed
POSS MARIJUANA U/212/8/15Prosecution Barred
POSS MARIJUANA U/28/8/13Dismissed
POSS MARIJUANA U/25/22/14Dismissed
POSS MARIJUANA U/211/10/15Dismissed
POSS MARIJUANA U/24/7/15Dismissed
POSS MARIJUANA U/212/16/15Dismissed
POSS MARIJUANA U/24/19/15Prosecution Barred
POSS MARIJUANA U/21/21/15Dismissed
POSS MARIJUANA U/21/28/15Dismissed
POSS MARIJUANA U/24/20/15Dismissed
POSS MARIJUANA U/26/23/14Dismissed
POSS MARIJUANA U/211/6/15Dismissed
POSS MARIJUANA U/23/2/15Dismissed
POSS MARIJUANA U/210/27/15Dismissed
POSS MARIJUANA U/210/7/15Dismissed
POSS MARIJUANA U/26/17/15Dismissed
POSS MARIJUANA U/28/19/15Deferred Non Reporting (Reduced)
POSS MARIJUANA U/27/10/15Dismissed
POSS MARIJUANA U/24/14/15Prosecution Barred
POSS MARIJUANA U/27/15/14Nonreporting Deferred
POSS MARIJUANA U/24/6/15Dismissed
POSS MARIJUANA U/24/7/15Dismissed
POSS MARIJUANA U/22/5/15Dismissed
POSS MARIJUANA U/24/20/15Dismissed
POSS MARIJUANA U/29/22/15Dismissed
POSS MARIJUANA U/26/24/15Prosecution Barred
POSS MARIJUANA U/212/23/14Dismissed
POSS MARIJUANA U/25/5/15Dismissed
POSS MARIJUANA U/24/27/15Dismissed
POSS MARIJUANA U/212/23/14Dismissed
POSS MARIJUANA U/25/22/15Dismissed
POSS MARIJUANA U/211/2/14Dismissed
POSS MARIJUANA U/25/29/15Dismissed
POSS MARIJUANA U/23/24/14Dismissed
POSS MARIJUANA U/27/15/14Dismissed

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.

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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 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 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 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 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 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.)
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).)

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