Plano Marijuana Defense Attorney

Marijuana Laws in Texas – Possession and Delivery

In Texas, Marijuana laws carry serious and, often, lifelong penalties. In fact, the law states that any marijuana charge must be classified as a “drug crime.” This can prevent you from renting an apartment, obtaining financial aid, and finding a decent job in the future.

At Peveto Law, our Plano marijuana defense lawyer can fight to have your marijuana charge removed from your record via either an expunction or a certificate of nondisclosure. We also handle cases involving:

  • Jail release
  • Bond reduction
  • Warrant removal
  • Probation re-negotiations for all levels of marijuana charges

If you were charged with possession of marijuana in Collin County, Dallas, or the greater DFW area, call our Plano marijuana defense attorneys for free consultation today!

What is a Possession of Marijuana Charge?

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.”

Is Possession of Marijuana a Misdemeanor or Felony?

Possession of marijuana can be either a felony or a misdemeanor, depending on the amount of marijuana in your actual or constructive possession.

  • Possession of less than 2 oz. of marijuana is a Class B misdemeanor;
  • Marijuana possession of more than 2 oz. but less than 4 oz. is a Class A misdemeanor; and
  • Possession of marijuana in an amount greater than 4 oz. is a felony.

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 includes an automatic driver’s license suspension.

What are Possible Possession of Marijuana Defenses?

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
  • Getting the charge dropped
  • Getting the charge 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.

What is a Marijuana Delivery Charge?

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 Texas marijuana laws, it is considered delivery of marijuana to share or give 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 and states the following general punishment ranges:

  • Delivery of less than one quarter ounce of marijuana is a class B misdemeanor if the marijuana delivery is made without compensation;
  • Sale or Delivery of less than one quarter ounce of marijuana is a class A misdemeanor if the marijuana delivery is for compensation; and
  • Delivery or sale of more than one quarter ounce of marijuana is a felony – the degree of which depends on the amount sold or delivered.

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.

Find the Best Marijuana Defense Attorney

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 Plano 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.