When Can Possession of Marijuana Lead to Drug Charges in Texas?

 Posted on October 11, 2021 in Criminal Defense

Marijuana has been a popular drug in the United States for decades, and for much of this time, it has been treated as a dangerous controlled substance. Attitudes surrounding marijuana have changed in recent years, and it has been legalized in multiple states. Because of this, residents of Texas may be unsure about how their state treats this drug and whether they may face drug charges for possessing marijuana. By understanding the state’s marijuana laws, Texans can be prepared to address any criminal charges they may encounter.

Possession of Marijuana in Texas

The state of Texas still considers marijuana to be an illegal drug, and a person who is found in possession of marijuana may face criminal charges. However, possession of small amounts of marijuana is a fairly minor offense in most cases. In cases involving less than two ounces of marijuana, a person may be charged with a Class B misdemeanor, and if they are convicted, they may be fined up to $2,000 and sentenced to up to 180 days in jail. Possession of between two and four ounces of marijuana is a Class A misdemeanor, and a conviction can result in a maximum fine of $4,000 and up to one year in prison. Possession of more than four ounces is a state jail felony that may result in between 180 days and two years in jail and a fine of up to $10,000.

Cases involving large amounts of marijuana could cause a person to be accused of possession with intent to sell, distribute, or deliver this controlled substance. A person may also be charged with delivery of marijuana if they are found in possession of items used to package and sell the drug to others. Delivery of marijuana is charged as a misdemeanor in cases involving up to one fourth of an ounce, but any amount over one fourth of an ounce will result in felony charges.

It is also important to understand that marijuana oils and extracts are treated differently than other forms of marijuana. These forms of the drug contain concentrated amounts of THC, the chemical that causes marijuana users to get “high.” THC may be available in “edibles,” or THC oils may be consumed using e-cigarettes or vape pens. Texas law classifies THC concentrates and edibles in Penalty Group 2 of its controlled substance categories. Possession of less than one gram of these substances is a state jail felony. Possession of higher amounts may lead to more serious felony charges, and a conviction can lead to a lengthy jail sentence and large fines.

Contact Our Llano County Marijuana Possession Lawyer

If you have been arrested and charged with possession of marijuana, the Law Office of Russ Alan Baker, PLLC can provide you with legal help and representation. We will advise you of your rights and help you determine whether your charges can be reduced or dismissed. To get the defense you need, contact our Fredericksburg drug crimes defense attorney at 325-216-2006 and schedule a consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm