Marijuana Possession Attorney
Count on our criminal defense lawyers
Have you been charged with marijuana possession in Texas? Such charges still have very serious penalties in the Lone Star State. That’s why it’s critical that you consult with an experienced criminal defense attorney familiar with drug charges in Texas. That’s why you need The Webb Firm, P.C. in Conroe. We know how the legal system works here because we’ve represented many people in court facing such serious charges.
Attorney Amanda Webb has well-earned reputation throughout the area when it comes to such complex cases. Prior to founding our law firm, attorney Webb served as an Assistant District Attorney in Montgomery County. As a result, attorney Webb has extensive courtroom experience. She also knows how both sides think and what strategies work when it comes to defending people facing marijuana possession charges.
Types of marijuana possession charges
While some states have moved to legalize or decriminalize recreational marijuana, Texas takes a hard line toward marijuana possession. In general, the penalties for possession in Texas become more serious based on the amount of marijuana allegedly in your possession:
- Amount: Paraphernalia (no marijuana)
Charge: Class C misdemeanor
Incarceration: N/A
Fine: Up to $500
- Amount: A "usable quantity" but less than 2 ounces
Charge: Class B misdemeanor
Incarceration: Up to 180 days
Fine: Up to $2000
- Amount: 2 to 4 ounces
Charge: Class A misdemeanor
Incarceration: Up to a year
Fine: Up to $4000
- Amount: 4 ounces to 5 pounds
Charge: State jail felony
Incarceration: 180 days to 2 years
Fine: Up to $10,000
- Amount: 5 pounds to 50 pounds
Charge: 3rd degree felony
Incarceration: 2 years to 10 years
Fine: Up to $10,000
- Amount: 50 to 2,000 pounds
Charge: 2nd degree felony
Incarceration: 2 years to 20 years
Fine: Up to $10,000
- Amount: Over 2,000 pounds
Charge: 1st degree felony
Incarceration: 5 years to 99 years or life
Fine: Up to $50,000
The above penalties apply to marijuana in the leaf form. Possession of THC not in the leaf form is considered possession of a controlled substance, which is always a felony. So, for example, the penalties for possessing a cartridge of THC oil are significantly harsher than the penalties for possessing a marijuana joint, even if the amount of THC is the same.
In Texas, the sale and delivery of marijuana is also a crime. Less than ¼ of an ounce is a misdemeanor, but any amount over that is a felony.
In addition to the legal penalties, there are often collateral consequences to a marijuana conviction. You could lose your job and have trouble finding future employment. If you are not a U.S. citizen, you may have problems with your immigration status. And if you’re convicted of a felony, you will lose your right to own a firearm.
Don’t underestimate the seriousness of your charges. Make sure you take your arrest seriously right from the start. Otherwise, you could find yourself behind bars and facing thousands of dollars in fines.
Differences in local enforcement in Texas
While the State of Texas maintains harsh penalties for marijuana possession, enforcement of those penalties varies significantly by locality. Some municipalities, such as Houston, have passed local laws that encourage “cite and release” for possession, which means offenders may be simply given a ticket and not arrested. However, this is not the same as decriminalization; even in those jurisdictions, it’s still possible to be arrested and prosecuted, as police and prosecutors have wide discretion.
Montgomery County is not a cite and release jurisdiction and the penalties for marijuana possession are strictly enforced. So, if you’re caught with marijuana in Conroe or any of the surrounding communities, it’s very likely you will be arrested and face charges. That’s why you need the right marijuana defense attorney to defend your rights.
Ways to beat a marijuana possession charge in Texas
- Challenge the search: In drug possession cases, the drugs themselves are a critical piece of evidence. If the police found marijuana during an illegal search (for instance, because they lacked probable cause), then the evidence can be thrown out, which usually means the charges will be dropped.
- Challenge the traffic stop: Marijuana charges often begin when police see or smell marijuana during traffic stops. If they did not have reasonable suspicion to pull you over in the first place, then everything they found during the traffic stop can be suppressed.
- Challenge possession: While the legal definition of “possession” is quite broad, a jury may be receptive to an argument that drugs found in your vehicle or in someone else’s container were not really in your possession.
- Dispute the amount of marijuana: Again, the penalties for marijuana possession vary widely depending on the amount of marijuana. Your attorney may re-test the evidence to determine whether the substance is really marijuana and whether it’s the right amount to support the charges against you.
- Challenge the drug dog sniff: Sometimes, police officers or dog handlers compromise the results of investigations by signaling the dog.
A law firm that leaves no stone unturned
The penalties for marijuana possession in Texas might be similar but each case is unique. That’s why we never assume anything when we start working with you. First, we take the time to listen to you to explain exactly what happened. Then we get right to work.
Our comprehensive approach includes carefully analyzing your arrest report. Did the police officer follow all the rules and regulations? Did the arresting officer have probable cause to search you? Were your read your rights? Or were your civil rights violated?
We also routinely consult with experts. And we often investigate what happened to the marijuana after it was seized by police. Where was it stored? Was the location secure? Or could someone have tampered with it?
Depending on the circumstances, we may be able to negotiate a reduced charge, get your charges dropped, or fight for a Not Guilty verdict at trial. Every situation is different. That’s why it’s in your interest to talk to an experienced attorney who can build a winning legal strategy for you.
Take action right away to protect your rights
If you’re facing marijuana charges in Texas, you need to act quickly to protect your rights. Put your trust in a criminal defense attorney who leaves no stone unturned. Contact us and schedule your free consultation right now.
