Drug Crimes

The laws regarding marijuana possession are governed by the Texas Controlled Substances Act in the Health and Safety Code. Section 481.121 makes it a crime to intentionally or knowingly possess any usable quantity of marijuana.

There is not always complete agreement on what constitutes a usable quantity. Some in law enforcement treat anything visible as usable, while some courts have required enough marijuana that when smoked it would create a high. This can be an important defensive issue.

The amount of marijuana alleged to have been possessed determines the level of the offense. Most cases involve less than two ounces, which is charged as a Class B misdemeanor punishable by up to six months in jail and a fine of up to $2,000.

The level of the offense increases as the amount increases, and any amount over four ounces becomes a felony offense that can carry prison time.

Under 2 ounces is punishable by up to six months in jail and a fine up to $2,000. Between 2 and 4 ounces is punishable by up to one year in jail and a fine up to $4,000. Between 4 ounces and 5 pounds is punishable by 180 days to 2 years in prison and a fine up to $10,000.

From 5 pounds to 50 pounds the punishment range is 2 to 10 years in prison; from 50 pounds to 2,000 pounds it is 2 to 20 years; and over 2,000 pounds it is 5 to 99 years or life plus a fine up to $50,000.

If you are convicted of possession of marijuana or another drug offense in Texas, your driver’s license will be suspended for 180 days. That suspension can apply even if you were not driving at the time of your arrest.

To keep driving, you may have to request and obtain an occupational driver’s license, which comes with significant limitations. If you do not yet have a license, the state can deny your later application as a consequence of the conviction.

The unique facts of your case will determine what defenses are available. Common defenses include no probable cause for the stop or arrest, no probable cause for the search of the person or vehicle, no affirmative links between the marijuana and the suspect, no evidence of actual care, custody, control, or management, and proof that the amount did not constitute a usable quantity.

Many people mistakenly believe that marijuana possession is no longer prosecuted in local district attorney offices. That is not the case. While some agencies may issue citations instead of making arrests, prosecutors still treat marijuana possession as a jailable offense.

That said, an experienced criminal defense attorney may be able to get your case reduced to a lesser offense or possibly dismissed outright. Many clients have had cases dismissed or reduced in a way that later allowed them to seek expunction.

People sometimes try to represent themselves because they do not want to spend the money to hire a lawyer. Too often, they later discover that their driver’s license has been suspended, their probation has been revoked, or their arrest record is hurting their ability to get a job.

Many of these cases were defensible, but because the person went it alone, they missed the chance to get the case dismissed or win at trial.

An experienced marijuana defense attorney can help analyze your case for defenses you may not recognize and can often present options that help protect your record, your driver’s license, and your future.