Marijuana (aka “marihuana”) laws in Texas carry serious penalties that you will want to avoid. Most notably, current marijuana law proscribes that any marijuana charge be classified as a “drug crime” – meaning that a conviction for simple possession of even a very small amount of marijuana can ruin your future by staining your permanent criminal record. This can prevent you from renting an apartment, obtaining financial aid, and finding a decent job in the future.
Attorney Andrew Peveto can prevent this crisis scenario by insuring that your marijuana charge can be removed from your record via either an expunction or a certificate of nondisclosure. If you have been arrested and/or charged with possession of marijuana in Collin County, Dallas, or the greater DFW area, you will want to consult with local reputable defense attorney Andrew Peveto about your case. We also provide jail release, bond reduction, warrant removal, and probation re-negotiations for all levels of marijuana charges.
Under current Texas marijuana law, a person arrested for possession of marijuana can be convicted of marijuana possession if he or she, “knowingly or intentionally possesses a usable quantity of marijuana.” As to what constitutes a “usable quantity,” if the marijuana in possession can be burned or heated to produce some quantity of inhalable smoke or vapor, it is generally considered to be an amount that is “usable.” Possession of marijuana can be either a felony or a misdemeanor, depending on the amount of marijuana in your actual or constructive possession.
Note, however, that possession of marijuana charges can be further enhanced by the prosecutor if the marijuana possession occurred in a school zone (within 1000 feet of a school or playground). A conviction for possession of marijuana also carries with it an automatic driver’s license suspension.
Possession of Marijuana Defense. At Peveto Law, we have successfully defended hundreds of clients arrested for possession of marijuana – keeping their criminal records clean. We do this using a variety of strategic methods, including: pretrial diversion, memo agreements, deferred adjudication plea bargains, conditional dismissals, or getting the marijuana charge dropped or reduced to Class C misdemeanor possession of drug paraphernalia. Any of these results will prevent an otherwise damaging conviction for marijuana possession from staining your permanent criminal record.
Delivery of marijuana is a more serious offense than marijuana possession. Furthermore, you don’t have to sell marijuana to be charged with marijuana delivery. Under current marijuana laws on Texas, it is considered delivery of marijuana just to share marijuana with someone – or give even a small amount to another person. The Texas marijuana law pertaining to delivery is found in Section 481.120 of the Texas Health and Safety Code. It provides the following general punishment ranges for delivery of marijuana:
However, it should be noted that the punishment range will likely be enhanced by the prosecutor if the marijuana was delivered or sold to a minor or in a school zone (within 1000 feet of a school or playground). A mandatory driver’s license suspension may also apply.
If you have been arrested for misdemeanor marijuana possession, felony delivery of marijuana, or face another crime under Texas marijuana laws, you need an experienced marijuana lawyer – who is both skilled at defending Texas marijuana charges and mindful of protecting your criminal record for the future. At Peveto Law, we are committed to getting your marijuana charge dismissed, reduced, or having you found “not guilty” at trial.
Contact us today for a confidential free consultation.
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