The Texas criminal defense attorneys at McLemore, Reddell & Story, P.L.L.C. handle all types of drug cases, including charges involving marijuana possession and sale. Texas is not among the states that have moved to decriminalize marijuana use, which means potential penalties for marijuana-related convictions can be severe. Use of medical marijuana is also illegal in Texas, even for people with a marijuana prescription from another state, such as California or Colorado.
Facing Marijuana Possession Charges in Texas
In Texas, possession of even a small amount of marijuana is charged as a misdemeanor. If the amount is less than two ounces, the offense is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000. For amounts between two and four ounces, the offense becomes a Class A misdemeanor, punishable by up to one year in jail and $4,000 in fines. If a defendant has no prior felony convictions, however, a judge must impose a sentence of probation with mandatory drug treatment in lieu of jail time.
If the amount of marijuana found in one’s possession is between four ounces and five pounds, the offense is charged as a state jail felony, punishable by 180 days to two years in jail and $10,000 in fines. Possession of greater than five pounds carries a penalty of two to 10 years in prison and a fine up to $10,000. For an amount greater than 50 pounds, the penalties increase to two to 20 years in prison, and for an amount greater than 2,000 pounds the penalty is five to 99 years in prison and a fine up to $50,000.
Charges related to marijuana distribution are more severe than possession charges. Simply giving another person one-quarter ounce or less of marijuana can result in a Class B misdemeanor charge, and selling one-quarter ounce or less is classified as a Class A misdemeanor. For greater amounts, the charge becomes a felony, carrying sentences ranging from 180 days to 99 years. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum sentence of 10 to 99 years and a fine up to $100,000.
Any sale to a minor, no matter the amount, is punishable by two to 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool, or video arcade increases the penalty classification to the next highest level, for example, from a second degree felony to a first degree felony.
Talk to an Experienced Texas Defense Attorney about Marijuana Charges
If you have been charged with marijuana possession, marijuana distribution, or another drug-related crime in the Houston area, please contact the experienced criminal defense team at McLemore, Reddell & Story, P.L.L.C. for a free consultation. We have helped many good people overcome bad situations.