Downtown Houston Marijuana Defense Attorney
Texas law has a zero-tolerance approach to Marijuana (otherwise known as weed, cannabis, marihuana, chronic, etc) crimes as it has been proven case after case. Drug courts, prosecutors, judges, and juries illustrate that possession, manufacture, or distribution of Marijuana and its derivatives, extracts, and paraphernalia can all have serious consequences in Texas.
This occurs despite shifting national and local public opinion on the topic and regardless of a number of local or out-of-state efforts to make the policies and punishments more lenient, including the recently announced Misdemeanor Marijuana Diversion Program policy of Kim Ogg, the new Harris County District Attorney. Regardless, something around 97% of all Texas Marijuana convictions is for possession of Marijuana, and sadly a great majority of them involve defendants under 30.
A Marijuana conviction in Texas can wreak havoc on the future of these young defendants affecting everything from their educational financial aid, college acceptance, job prospects, driving privileges, voting, and other civil rights, as well as housing opportunities for many years and decades to come.
Potential Marijuana Possession Penalties
Those charged with Marijuana possession or possession of drug paraphernalia (water bongs, rolling papers, pipes, etc) could potentially be subject to stiff penalties in Texas. The exact punishment will depend on the circumstances of the case and the amounts confiscated. Texas Code of Criminal Procedure declares typical possession of Marijuana penalties as follows:
- 2 ounces (or less) of Marijuana is a class B misdemeanor and can potentially subject the defendant to 180 days in jail and a fine of up to $2,000.
- 2 to 4 ounces of Marijuana is a class A misdemeanor and can potentially subject the defendant to a year in jail and a fine of up to $4,000.
- 4 ounces to 5 pounds of Marijuana is a state jail felony, with a punishment ranging between 180 days in state jail and up to 2 years in state jail. A person convicted of such an offense can additionally face up to a $10,000 fine.
- 5 lbs to 50 lbs of Marijuana is a third-degree felony. Punishment is likely 2 to 10 years in state prison and a potential fine of up to $10,000.
- 50 lbs to 2,000 lbs of Marihuana is a second-degree felony, which could result in a sentence of 2 to 20 years of incarceration and up to a $10,000 fine.
- More than 2,000 pounds of Cannabis is a serious offense and a first-degree felony in Texas and can land the defendant anywhere from 5 to 99 years in prison. An additional fine of up to $50,000 is also possible.
Potential Penalties
Simple Possession of Marijuana Paraphernalia in Texas
- Possession of Marijuana paraphernalia is a class C misdemeanor, and it can subject the defendant to a $500 fine.
Possession With Intent to Deliver of Marijuana Paraphernalia
- The sale of Marijuana paraphernalia is a class A misdemeanor in Texas, potentially leading to 1 year in jail and a fine of up to $4,000.
The Texas Marijuana Tax Stamp Act
- Like many other states, Texas used to have a Tax Stamp Act in effect until very recently. However, Texas is no longer able to tax illegal drugs. This is just one less charge and trouble Marijuana defendants in Texas have to worry about these days.
Driving Under the Influence of Marijuana
- Driving under the influence of Marijuana, hash oil, or other marijuana analogs or extracts is governed like all other intoxicants by driving while intoxicated laws in Texas and does not have its own exclusive law per se.
Falsifying a Marijuana Drug Test in Texas
- Per Texas Health and Safety Code § A481.133 and Texas Penal Code § 12.22, falsifying a drug test in Texas, or possession of any materials or devices with intent to use for the falsification of a drug test is a Class B misdemeanor with a maximum punishment of up to 180 days in jail, and a potential maximum fine of $2,000.
Marijuana Related Suspended Driver’s License
- One must always keep in mind that under Texas Transportation Code § 521.372 on final conviction of either an offense under the Federal Controlled Substances Act or a drug offense under Texas laws, your driver's license is automatically suspended.
Potential Marijuana Possession Penalties
Those charged with Marijuana possession or possession of drug paraphernalia (water bongs, rolling papers, pipes, etc) could potentially be subject to stiff penalties in Texas. The exact punishment will depend on the circumstances of the case and the amounts confiscated. Texas Code of Criminal Procedure declares typical possession of Marijuana penalties as follows:
- 2 ounces (or less) of Marijuana is a class B misdemeanor and can potentially subject the defendant to 180 days in jail and a fine of up to $2,000.
- 2 to 4 ounces of Marijuana is a class A misdemeanor and can potentially subject the defendant to a year in jail and a fine of up to $4,000.
- 4 ounces to 5 pounds of Marijuana is a state jail felony, with a punishment ranging between 180 days in state jail and up to 2 years in state jail. A person convicted of such an offense can additionally face up to a $10,000 fine.
- 5 lbs to 50 lbs of Marijuana is a third-degree felony. Punishment is likely 2 to 10 years in state prison and a potential fine of up to $10,000.
- 50 lbs to 2,000 lbs of Marihuana is a second-degree felony, which could result in a sentence of 2 to 20 years of incarceration and up to a $10,000 fine.
- More than 2,000 pounds of Cannabis is a serious offense and a first-degree felony in Texas and can land the defendant anywhere from 5 to 99 years in prison. An additional fine of up to $50,000 is also possible.
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