Marijuana Frequently Asked Questions

Get the tough defense you need form a Houston Marijuana attorney!

In the state of Texas, marijuana offenses are treated harshly and without lenience in most cases. Practically leading the nation in the number of arrests for marijuana possession, Texas came in second with 74,286 arrests just in 2010. Their overall arrest rate for possession of marijuana is the 15th highest in the U.S. and Harris County comes in at number 5 for the most marijuana possession arrests, out of every county in the U.S. Many believe that law enforcement resources are being wasted as they try to put an end to marijuana crimes throughout the state. It is important to realize that police are on high alert for all kinds of drug crimes in Houston, but especially marijuana. This can easily lead to false accusations and arrests.

In the event that you have been arrested it is best to be prepared and to be as knowledgeable as possible regarding the basics of marijuana offenses. As a qualified marijuana defense attorney, I have put together a list of common questions and relevant answers to assist you in the aftermath of an arrest. While these can be beneficial to review, it is always a good idea to actually retain a lawyer from the outset of your case.

Common Questions Related to Marijuana Charges in Texas

How much jail time could be imposed for possession of marijuana?

For 2 ounces or less, the charges filed will be misdemeanor, with up to 180 days in jail and a fine of $2,000. For 2 – 4 ounces, the penalties increase to up to 1 year in jail and up to $4,000 in fines. For 4 ounces to 5 pounds, the charges are filed as a felony, even in cases when in fact the marijuana was strictly for your personal use. The fines imposed include a mandatory minimum sentence of 2 years, with up to 10 years possible, and up to $10,000 in fines. There are more extreme penalties for larger quantities, and if you have a prior criminal record, you could also have the penalties enhanced. If it is alleged you gave the drug to a minor, you will be facing a mandatory minimum sentence of 2 years, with 10 years possible, as well as $10,000 in fines.

How do I find a lawyer to fight a marijuana charge in Houston?

There are several points to consider when you retain a defense lawyer. First, is the attorney experienced? Second, can he or she show you a record of successful verdicts in similar cases? Third, is he or she respected and well-connected in the legal community? No lawyer can promise results, so if any attorney makes a promise about results is not being honest. I served for 5 years as a prosecutor and for 10 years as a criminal defense attorney, and I have worked on thousands of cases. You can read some of my case results and make a decision for yourself.

Can I get into a diversion program? Do I qualify?

Certain people charged with marijuana crimes will qualify for a diversion program. If you do not have a prior criminal record for a marijuana crime or for a violent crime, this is one option. The program includes education and treatment. If you complete the program, you will have the criminal charges against you dismissed, but you must complete the program or the charges against you will proceed. If you need to know if you qualify, get in touch with me at my firm, Mark Morasch, Attorney at Law.

Is medical marijuana legal in Texas?

Under Texas State law, marijuana is not legally recognized as a form of treatment for any diseases. Those that are found to have marijuana in their possession, no matter what the circumstances, will still be charged with criminal accusations. This is even true for people who may be originally from a state that has legalized medical marijuana. You will still be charged with possession even if you have a medical marijuana card and a documented condition.

What will happen if I get caught driving under the influence of marijuana?

Driving after smoking marijuana is treated the same way as driving under the influence of alcohol in the state of Texas. The penalties are the same and there is no differentiation in how they are treated. The minimum offense includes 72 hours in jail and fines. It could also include community service hours and an education program regarding drunk driving. Any future offenses will only increase the penalties and could leave a permanent mark on your record.

What is the Marijuana Tax Stamp Act?

Even though marijuana is illegal in the state of Texas, those who use it are still required to pay taxes on it. According to the Tax Stamp Act under Chapter 159 in the Tax Code, people can be prosecuted not only for their drug offense, but also for not paying taxes if they do not purchase tax stamps. These stamps must be affixed to every bag of marijuana and it costs $3.50 per gram. The only people that do not have to pay taxes are those possessing under 4 ounces. Anyone who doesn't comply with this law could be charged with a third degree felony and have to pay up to 200 percent of the original tax.

What are some possible defenses?

If you have been charged with possession, cultivation, delivery or sale of marijuana in Texas, the law enforcement and prosecution will most likely handle your case very harshly. Having a relentless Houston marijuana defense attorney by your side from start to finish on your case can make all the difference.

  1. If the police did not have the proper search warrant when they found paraphernalia or drugs in your home or car, this could disqualify any evidence in your case.
  2. In the same way, illegal methods of search and seizure are unconstitutional and could very well result in having evidence dropped and potentially getting charges dismissed.
  3. There also might be a way to prove that the drugs were not actually in your possession or that you had no idea they were in in your possession.

As a former prosecutor, I know how their tactics can be and I am prepared to create a solid defense strategy that can combat their weak arguments.

Retaining the Help of One of Houston's Top Lawyers

Having represented clients throughout Texas for over 15 years, I am well-versed in the variety of marijuana offenses that come my way. I have provided my dedicated efforts and creative tactics to many different clients in Houston, walking away with exemplary case results. Achieving full case dismissals and dismissed charges on many occasions, take a look at my case results to see why I am esteemed as one of H Magazine's Top Lawyers in Houston from 2008-2012.

My experience as a former prosecutor and my passion for protecting the rights of the criminally accused as a Houston defense attorney has allowed me to help numerous clients over the years. Please do not place your future or your freedom in a precarious place. Contact my office today or fill out my free case evaluation to learn more. Available 24/7 to take your call!

Contact Mark Morasch Today

I Aggressively Defend The Rights Of The Accused Throughout The State Of Texas

Send My Information