Possession of Marijuana in Texas
Contact Our San Antonio Marijuana Crimes Attorney Today
Several states have passed laws allowing for the personal possession and consumption of marijuana by adults. This means that a policy has been adopted that creates a legally controlled market where consumers can buy marijuana for personal use from a legal dispensary. Those states include Alaska, California, Colorado, the District of Columbia, Maine, Massachusetts, Nevada, Oregon, and Washington.
Unfortunately, at the present time, Texas does not have such a law on the books. This means that, in Texas, you can still be charged with a crime under various laws and may have to pay a fine or serve jail time if you are convicted of marijuana possession.
If you or your loved one has been arrested for or charged with the possession of marijuana in Texas, contact the Law Office of Derek W. Emmons, P.C. to speak to San Antonio marijuana crimes defense attorney Derek W. Emmons. Call (210) 702-3054 for a free, confidential consultation.
Penalties for Marijuana Possession in Texas
The possession of marijuana is still a crime in San Antonio and Bexar County, as well as throughout the state of Texas. How much trouble you could be in is determined not only by the circumstances of your case but also by how much marijuana is involved.
In Texas, the following thresholds apply:
- Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
- Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
- Possession of between 4 ounces and 5 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
- Possession of between 5 pounds and 50 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
- Possession of between 50 pounds and 2,000 pounds of marijuana is a second-degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
- Possession of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
Regardless of the amount of marijuana allegedly in your possession, you must mount a solid defense if you are arrested.
Defenses to Possession of Marijuana Charges
To be convicted on a charge of possession of marijuana, you must meet all four parts of a marijuana crime, which are:
- Knowingly or intentionally
- A quantity of marijuana
- That is usable
If all four elements cannot be proven, then you can’t be found guilty of possessing marijuana. In addition to attacking each of these points, the most commonly used defense is that a search by law enforcement officials was in violation of the Fourth Amendment right against unreasonable searches and seizures. While this can be an effective defense, in many cases, it can be difficult to prove because many police officers are trained to understand the standards they are required to follow to conduct a proper search.
Contact Our Firm for a Free Consultation
Your best bet is to consult with a knowledgeable marijuana crimes attorney and, based on the facts of your case, mount an effective possession of marijuana defense together with your attorney.
If you would like more information, the National Association for the Reform of Marijuana Laws (NORML) has a comprehensive website that will explain many of the laws and current legislation taking place regarding marijuana. You can access the site here.
The Law Office of Derek W. Emmons, P.C. serves clients in San Antonio and the surrounding Texas communities. For a free, confidential consultation with our San Antonio marijuana defense attorney, get in touch with us today.
Call our office at (210) 702-3054 or submit an online contact form today.
Derek W. Emmons fights for the rights of those falsely accused of a crime in the San Antonio area. His skill, tenacity, and experience are committed to protecting your rights.
You can always expect aggressive representation, personal attention, and dedicated service. For over 20 years, Derek W. Emmons has gone above and beyond for his clients and will do everything possible to help you avoid a criminal conviction.
- Former Prosecutor
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