Possession of Marijuana in Texas

In Texas and across the country, marijuana is the most commonly used controlled substance under federal law. Although possession of a controlled substance is the most common type of drug crime charge, it should not be taken lightly. When a Texan is accused of unlawful possession of marijuana, it is important to be aware of the potential consequences, which are often quite severe.

Arrested for Possession of Marijuana?

A conviction can carry harsh penalties, including jail time, heavy fines, and a criminal record affecting where you may be able to work and live. At Peveto Law, we understand that this can be a confusing time, and it can be difficult to know where to turn. Our firm is here for you and will do everything our power to see that your future is not adversely impacted by a drug crime charge. Drug charges defense lawyer Andrew Peveto has a successful track record of securing acquittals as well as reduced charges, and is highly regarded by past clients. 

Take the first step toward building a powerhouse defense against a possession of marijuana charge – schedule a free consultation with attorney Andrew Peveto today.

Charges for Possession of Marijuana – Texas

Generally, a person can be charged for marijuana possession when they knowingly or intentionally carry or have control over a drug.

There are two main types of possession charges:

  • Actual possession occurs when drugs were found in your direct possession such as in your pocket at the time of an arrest.
  • Constructive possession occurs when drugs were found in a location that you directly control, such as in your car or household, even if you were not present at the time.

In order to successfully charge you with unlawful possession of marijuana in Texas, the prosecution must prove that a controlled substance was found in your possession, meeting one of the criteria above, during a lawful search.

Penalties for Marijuana Possession in Texas

In Texas, each controlled substance is classified into one of 4 “penalty groups” (and two sub-groups) based on its potential for abuse and recognized (or lack of) medical uses. The amount of marijuana in possession at the time of arrest will affect the charges, and even a small amount can result in jail time for individuals who do not have qualified legal counsel.

The penalties are outlined by Texas Health & Safety §481.032 code as follows:

  • Less than 2 ounces of marijuana – Class B Misdemeanor (maximum $2,000 fine/180 days in jail)
  • Between 2 ounces and 4 ounces of marijuana – Class A Misdemeanor (maximum $4,000 fine/12 months in jail)
  • Between 4 ounces and 5 pounds of marijuana – State Jail Felony (maximum $10,000 fine/between 6 months and 2 years jail time)
  • Between 5 pounds and 50 pounds of marijuana – 3rd Degree Felony (maximum $10,000 fine/between 2 and 10 years in jail)
  • Between 50 pounds and 2,000 pounds of marijuana – 2nd Degree Felony (maximum $10,000 fine/between 2 and 20 years in jail)
  • 2,000 pounds or more – 1st Degree Felony (maximum $50,000 fine/from 5 to 99 years jail time)

Is Possession of Marijuana a Felony?

As the penalties listed above indicate, possessing marijuana is a felony crime if you are caught with anything more than four ounces. Texas drug laws are some of the strictest in the nation, and a conviction carries some devastating consequences.

Attorney Andrew Peveto works closely with clients to develop the best defenses to a Texas marijuana possession charge. Through comprehensive investigations, our legal team can point out weaknesses in the state’s accusations, with a view toward resolving your case in your best interests.

Hard-Hitting Legal Advocacy

The laws surrounding Texas drug crimes can be extremely confusing. We will seek the best possible result for your marijuana charge, whether a plea deal, dismissal or acquittal. Our criminal defense team has more than a decade of experience helping people in your situation and is committed to protecting your rights. In our experience, there are frequently constitutional challenges that can be raised in a defense, whether police failed to adhere to legal procedures, or a search was in violation of the Fourth Amendment.

When your future is on the line, you need legal defense of the highest caliber. Contact Peveto Law to discuss your charges free of charge. We represent clients throughout the greater Dallas-Fort Worth areas, including Collin and Dallas Counties.

Additional Resources:

  1. Texas Statutes, Texas Health & Safety §481.032, et seq. https://statutes.capitol.texas.gov/docs/HS/htm/HS.481.htm
  2. CBD Education, Texas CBD and Marijuana Laws https://cbdeducationonline.com/texas-cbd-and-marijuana-laws/
  3. Texas Laws, Chapter 481. TEXAS CONTROLLED SUBSTANCES ACT http://tx.elaws.us/law/hs_title6_chapter481
  4. National Institute on Drug Abuse, Drug Facts https://www.drugabuse.gov/publications/drugfacts/nationwide-trends