Marijuana Possession Laws in Texas

Marijuana possession is the act of having marijuana. Also known as cannabis or weed, in one’s possession or control. Marijuana is a psychoactive drug that is derived from the Cannabis plant and is used for recreational or medicinal purposes.

The laws regarding marijuana possession vary depending on the country, state, or province. In some places, possession of small amounts of marijuana may be decriminalized, meaning that it is not considered a criminal offense and the penalties may be reduced to a fine or community service. Additionally, in other places, possession of any amount of marijuana is considered a criminal offense and can result in fines, probation, or imprisonment.

In the United States, marijuana possession is an illegal substance under federal law, but several states have legalized it for recreational or medicinal purposes. In these states, possession of small amounts of marijuana for personal use is legal, although there may be restrictions on where it can be consumed and how much an individual can possess.

Marijuana Possession Laws & Penalties

In Texas, possession of marijuana is illegal under state law. The penalties for possession of marijuana in Texas vary depending on the ounces of marijuana possessed, and whether it is a first or subsequent offense.

• Possession of two ounces or less: Class B misdemeanor, up to 180 days in jail, and a fine of up to $2,000.
• Possession of two to four ounces: Class A misdemeanor, up to one year in jail, and a fine of up to $4,000.
• Possession of four ounces to five pounds: State jail felony, 180 days to two years in a state jail facility, and a fine of up to $10,000.
• Possession of five to 50 pounds: Third-degree felony, two to ten years in prison, and a fine of up to $10,000.
• Possession of 50 to 2,000 pounds: Second-degree felony, two to 20 years in prison, and a fine of up to $10,000.
• Possession of more than 2,000 pounds: First-degree felony, five to 99 years in prison, and a fine of up to $50,000.
• Possession of marijuana concentrate: Felony offense, penalties ranging from 180 days in jail to life in prison, depending on the amount possessed.

Additionally, a conviction for marijuana possession can result in a driver’s license suspension, and can have long-term consequences, such as difficulty finding employment, obtaining housing, or qualifying for financial aid or professional licenses.

Possible Outcome for Simple Marijuana Possession

The outcome for a simple marijuana possession charge in Texas will depend on the specific circumstances of the case, such as the amount of marijuana involved, the individual’s criminal history, and the jurisdiction where the offense occurred. However, here are some possible outcomes for a first-time, simple marijuana possession charge in Texas:

• Pretrial diversion: Some jurisdictions in Texas offer pretrial diversion programs for first-time offenders, which allow the individual to complete a period of probation, drug treatment, or community service in exchange for the charges being dismissed. If the individual successfully completes the program, they may be able to avoid a criminal conviction and have the charge expunged from their record.
• Deferred adjudication: Deferred adjudication is another option for first-time offenders, which involves the individual pleading guilty or no contest to the charge and being placed on a period of probation. If the individual successfully completes the probation, the charge may be dismissed, and they may be able to have the charge sealed from their record. However, if the individual violates the terms of probation, they may face a conviction and the full range of penalties for the offense.
• Plea bargain: In some cases, the prosecutor may offer a plea bargain to the individual, which involves pleading guilty to a reduced charge or accepting a lower sentence in exchange for avoiding a trial. The terms of the plea bargain will depend on the specifics of the case and the discretion of the prosecutor.
• Conviction: If the individual is convicted of the charge. They may face the full range of penalties for the offense, including fines, jail time, and a criminal record. However, even in the case of a conviction, there may be opportunities to have the conviction expunged or sealed from their record in the future.

Arrested? Don’t Plea, Call Me!

If you find yourself or a loved one facing marijuana possession charges in Texas. You will need an experienced defense attorney to protect your legal rights. You need our skilled and seasoned criminal defense attorneys at Texas Criminal Defense Group.