Even though marijuana has become legal in many states, under federal law, any possession is illegal. Texas hasn’t eased up on its marijuana laws either, and it looks like they won’t anytime soon. Being convicted of a drug-related charge in the State of Texas has far-reaching repercussions, staining one’s reputation and drastically reducing the pool of work and life opportunities one has access to. On top of potential prison time, those charged and convicted of possession of marijuana or other drug-related charges can find themselves levied with hefty fines. This is especially true for individuals charged with violating a drug-free zone during their arrest. Even though marijuana continues to gain acceptance throughout the country, the state of Texas has clear restrictions against its possession. If you are facing a felony marijuana charge, you need legal counsel who has credibility in working with marijuana possession clients in the past.
Only their experience and skill can help combat this charge and possible imprisonment. If you face a charge for felony possession of marijuana, then let our firm work in your favor. The Gonzalez Law Group has many years of experience working with clients who’ve faced severe marijuana possession charges.
Our Houston attorneys work diligently on their cases and keep a line of open communication with their clients. Call (832) 530-4070 to schedule a free consultation with no strings attached.
What is Felony Possession of Marijuana?
Felony possession of marijuana is a serious drug-related charge in any state, but Texas is especially harsh. Depending on the particulars of any given case, defendants might be facing an enhanced form of their charge. For example, if arrested while within 1000 ft (or 300 ft in some instances) of a drug-free zone, one can be accused of a more severe version of the drug-related charge. For possession of marijuana, this means a mandatory increase in the length of sentencing by 5 years as well as the doubling of any levied fines.
On its own, possession of marijuana charges are a frightening prospect for many. If you have been convicted of a felony before, the penalties can be further heightened. Repeat offenders face some of the strictest punishments for drug-related laws and can often have their cases altered from a potential state jail felony conviction or third-degree felony conviction to a second- or first-degree conviction.
Possession of marijuana cases require experienced lawyers in order to provide the kind of legal service required for the particulars of your case. With so many potential aggravating factors, is it really worth it to risk going at it alone?
Penalties for Felony Possession of Marijuana
The standard penalties for this charge, without including enhancing factors such as having been arrested inside of a drug-free zone, are as follows:
- Possession of 4 oz- 5 lbs of Marijuana —State Jail Felony (180 days – 2 years in jail and a fine up to $10,000)
- Possession of 5 – 50 lbs —Third Degree Felony (2-10 years in prison and a fine up to $10,000)
- Possession of 50 – 2000 lbs —Second Degree Felony (2-20 years in prison and a fine up to $10,000)
- If you have more than 2000 lbs in your possession when arrested, you may face a sentence of life imprisonment, or a sentence ranging anywhere from 5-99 years, as well as a fine up to $50,000.
When Does Marijuana Possession Become a Felony?
Not every marijuana possession charge in Texas is a felony. The dividing line is the amount possessed. Under Texas Health and Safety Code § 481.121, possession of two ounces or less is a Class B misdemeanor, and possession of more than two ounces but not more than four ounces is a Class A misdemeanor. Possession becomes a felony only once the amount exceeds four ounces, beginning with a state jail felony for more than four ounces up to five pounds.
Two factors can push a case into felony territory even when the usable marijuana seems small. First, in a cultivation case the entire plant is weighed, not just the dried usable portion, so the total weight can climb quickly. Second, because legal hemp and marijuana look identical and are separated only by their THC level, the state may need laboratory testing to prove the substance is actually marijuana. Both points can be important to how a possession charge is challenged, which is one more reason to have an experienced attorney review the evidence.
Additional Resources
Chapter 481 of the Texas Health and Safety Code– This is the official website that houses the Texas Statutes regarding drug-related charges, including Possession of Marijuana. It is always a good idea to spend some time reading the law itself to determine exactly where you stand in your case.
Texas Marijuana Laws and Penalties– This website compiles information about the laws and punishments for Marijuana crimes in the State of Texas. Depending on the specific details of your case, the charge and penalty you face in court could be different from what you expected. Using this site in conjunction with the official statutes site can help you get better informed about where you stand legally before consulting a qualified attorney.
Contact The Gonzalez Law Group
The Gonzalez Law Group prides itself on keeping direct communication with its clients. Though a charge for felony possession of marijuana can be overwhelming, We will make this process smoother. Call our firm or contact us online for a free consultation with no attachment to get your legal defense going right away.
