I represent clients charged with all Texas drug charges, including:
When you have been arrested for possession of marijuana then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a drug charge.
Is it hemp or is it marijuana?
On June 11, 2019, the governor signed a new farm bill that legalized the growing of hemp. The new law went into effect immediately and tracked the recent change in federal law regarding the production of hemp. Agriculture Code §121.00 defines hemp as a strain of the Cannabis sativa plant, the marijuana plant, with a THC content of .3% or less. Crime Labs in the state of Texas are not equipped to test for the percentage of THC contained in a sample, these labs can only test for the presence of THC. At a trial for possession of marijuana, in order to prove their case, it would be required that the State produce evidence of a THC level greater than .3%. However, it is possible that the State could use your own statements or actions to prove that the substance is marijuana and not hemp, so use your right to remain silent.
Can I be convicted of possession of marijuana?
At a trial for possession of marijuana, in order to prove their case, it would be required that the State produce evidence of a THC level greater than .3%. However, it is possible that the State could use your own statements or actions to prove that the substance is marijuana and not hemp, so use your right to remain silent.
How much time can I get for possession of marijuana?
A conviction for Possession of Marijuana is punishable from 1 day in the county jail up to 99 years in prison, or life in prison with the possibility of parole, and/or $1.00 up to $50,000.00 in fines. This wide range of punishment is based on the weight of the useable amount of marijuana found in your possession.
|Felony or Misdemeanor||Weight||Fine||Time|
|Class B||<2 oz.||$2,000.00||1 Day-180 Days|
|Class A||2 oz. – 4 oz.||$4,000.00||1 Day - 1 Year|
|State Jail||4 oz. – 5 lbs.||$10,000.00||6 Months – 2 Years|
|3rd Degree||5 lbs. – 50 lbs.||$10,000.00||2 Years – 10 Years|
|2nd Degree||50 lbs. – 2000 lbs.||$10,000.00||2 Years – 20 Years|
|1st Degree+||> 2000 lbs.||$50,000.00||5 Years – 99 Years|
Other significant consequences to a conviction for a Texas drug charge are:
- the suspension of your Driver's License, and
- becoming ineligible to receive Student Loans and Grants.
Texas Health and Safety Code. Texas Controlled Substances Act. Section 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and (6)punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.