If you or a loved one is charged with a marijuana-related offense, you know how stressful and overwhelming the situation can be. Navigating the criminal justice system can feel like an uphill battle, especially when you’re unsure of your rights or next steps. You need an experienced Texas Possession of Marijuana Lawyer in your corner.
At Cowboy Law Group, we aggressively represent clients charged with marijuana crimes in The Woodlands, Conroe, the greater Houston area, and the Texas Hill Country.
Contact our Texas drug crime defense lawyers for a free consultation.
Texas Marijuana Laws
Texas law takes a harsh stance on marijuana use, possession, sale, and distribution. These drug crimes can carry heavy penalties, including fines, jail time, and a permanent mark on your record.
Marijuana crimes include:
- Possession of drug paraphernalia
- Possession of marijuana
- Marijuana cultivation
- Sale/distribution of marijuana
- Drug trafficking
Having an experienced marijuana defense attorney on your side is crucial to protecting your future.
Penalties for Marijuana Possession in Texas
Texas Health and Safety Code Section §481.121 defines possession of marijuana as knowingly or intentionally having a usable amount of the drug.
In Texas, the penalties for marijuana possession can vary based on the amount.
- Possession of two ounces or less is a Class B misdemeanor punishable by 180 days in county jail and a fine of up to $2,000.
- Possessing between two ounces and 4 ounces is a Class A misdemeanor. This can lead to up to 1 year of jail time and a maximum fine of $4,000.
- Possessing between 4 ounces and five pounds is a state jail felony, carrying a potential sentence of 180 days to 2 years in a state jail facility and fines up to $10,000.
- Possessing between 5 pounds and 50 pounds is a third-degree felony charge with a potential sentence of 2 to 10 years in prison and fines up to $10,000.
- Possessing 50 to 2,000 pounds is a second-degree felony charge with penalties ranging from 2 to 20 years in prison and fines up to $10,000.
- Possession of more than 2,000 pounds is a first-degree felony punishable by 5 to 99 years in prison and a fine of up to $50,000.
Your driver’s license will also be suspended if you’re convicted of marijuana possession or any other drug offense in Texas. If you drive while you have marijuana in your system, you can be charged with driving while intoxicated. Our lawyers are experienced with DWI cases involving drugged driving.
Factors Influencing Marijuana Penalties
Several factors can influence the severity of penalties for a marijuana offense. These include prior criminal history, whether the marijuana was intended for distribution, and any aggravating circumstances surrounding the arrest. Additionally, the presence of minors or other illegal activities can lead to enhanced penalties.
If you are facing marijuana charges in Texas, hiring a skilled marijuana defense lawyer is critical.
Sale and Distribution of Marijuana in Texas
You can face severe penalties for selling and distributing marijuana in Texas. The severity of the punishment depends on the amount of marijuana involved and whether the drug was given or sold.
Giving someone 7 grams or less without payment is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. If the same amount is sold for profit, it becomes a Class A misdemeanor, carrying a potential sentence of up to one year in prison and a maximum fine of $4,000.
Selling or distributing between 7 grams and 5 pounds of marijuana is classified as a state jail felony, which can result in 180 days to two years in jail and a fine of up to $10,000.
If the amount falls between 5 and 50 pounds, the offense becomes a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.
People facing drug charges related to marijuana cultivation, sale, or distribution in Texas should contact an experienced criminal defense attorney as soon as possible.
Texas Medical Marijuana
In Texas, medical marijuana is governed by the Texas Compassionate Use Act. This law allows patients with specific medical conditions to access low-THC cannabis products for therapeutic purposes. The program has strict guidelines. The law defines low-THC cannabis as having no more than 0.5% THC content.
Only specific conditions qualify for treatment with medical marijuana. These conditions include:
- Epilepsy
- Multiple sclerosis
- Terminal cancer
- ALS (Amyotrophic Lateral Sclerosis)
- Parkinson’s disease
- Severe spasticity
- Autism
To obtain medical marijuana, patients must first secure a prescription from a qualified physician who is registered with the state. Patients must apply for a medical marijuana card through the Texas Department of Public Safety.
Why You Need a Texas Possession of Marijuana Lawyer
Marijuana crimes in Texas can lead to serious consequences. Texas marijuana laws are complex, the legal system can be overwhelming. A Texas possession of marijuana lawyer is essential for protecting your rights.
An experienced attorney understands the Texas Controlled Substances Act and Texas Penal Code apply to marijuana cases. They can explain the specific laws regarding marijuana possession, including the differences between misdemeanor and felony charges.
A skilled marijuana defense attorney will investigate the details surrounding your arrest, including any potential violations of your rights. If the police conducted an illegal search or seizure, your attorney can challenge the evidence against you, which may lead to a dismissal of the charges.
A Texas marijuana lawyer can negotiate with prosecutors on your behalf. They can advocate for reduced charges or alternative sentencing options, such as drug treatment programs, which may help you avoid a permanent criminal record.
Having a dedicated criminal defense attorney by your side can make a significant difference in the outcome of your case. They will work tirelessly to protect your rights and pursue the best possible resolution. If you are facing marijuana charges, it is vital to contact a Texas criminal defense lawyer.
Defenses Against Marijuana Charges
Facing marijuana charges in Texas can lead to serious consequences, including fines and a permanent criminal record. However, a skilled Texas possession of marijuana lawyer can help you navigate these challenges. Here are some common defenses in marijuana cases.
Challenging Evidence
One strategy is to challenge the evidence against you. This can involve questioning the chain of custody. If police mishandled the evidence or didn’t follow proper procedures, evidence could be deemed inadmissible in court. A Texas marijuana defense attorney may also challenge lab results due to flawed testing and lab errors.
Challenging Arrest Procedures
A Texas marijuana lawyer will carefully scrutinize the arrest procedures. If the police conducted an illegal stop or failed to have probable cause, this could violate your rights. An illegal search and seizure can undermine the prosecution’s case. Without a valid search warrant or reasonable suspicion, any evidence obtained may be thrown out.
Disputing Amount
In some cases, disputing the amount of marijuana in question can be a viable defense. If the prosecution claims you possessed a certain amount, but you can provide evidence to suggest otherwise, criminal charges may be reduced.
Disputing Possession
The prosecution must prove that you possessed the marijuana. If you were not in control of the substance or if it was found in a shared space, it may be challenging for the prosecution to prove that you intentionally possessed it.
Each case is unique, and a knowledgeable marijuana defense attorney can help evaluate your situation and develop the best strategy for your defense.
Why Choose Cowboy Law Group for Marijuana Defense?
When facing marijuana charges, having the right legal representation is crucial. Cowboy Law Group stands out as a trusted criminal law firm. With over 20 years of courtroom experience, our attorneys have defended numerous clients accused of recreational drug use and possession.
We recognize that being charged with a marijuana offense can be overwhelming and stressful. That’s why we prioritize clear communication and personal attention, ensuring you feel informed and empowered every step of the way.
At Cowboy Law Group, we thoroughly investigate the details of your case. We analyze evidence, challenge arrest procedures, and explore every possible defense. Our goal is to protect your rights and work towards the best possible outcome for your situation.
Choosing us means you are not just getting a lawyer; you are gaining a committed advocate who will fight for your future. Trust Cowboy Law Group to stand by your side and guide you through the legal process with experience and dedication.
Contact Us for a Free Consultation
If you are facing marijuana charges in Texas, don’t wait to get legal help. At Cowboy Law Group, we understand the serious consequences of marijuana offenses under Texas law. Our experienced Texas criminal defense attorneys are here to protect your rights.
Don’t navigate this challenging time alone. Call our law offices at 832-326-2932 today or fill out our contact form to schedule your free consultation. We are available 24/7.
