Prosecution for marijuana related drug crimes are based on the amount of the drug involved with the charge. Marijuana related drug offenses can be prosecuted as felonies or misdemeanors, and should be taken seriously regardless of the severity of the charge.
Why You Need To Fight Marijuana Charges
One of the main reasons to fight even the lowest level misdemeanor marijuana offense is due to the nature of the criminal justice system in Texas. If you’re arrested once for marijuana, and its for a small amount of the drug, you’ll get a slap on the wrist, but if you’re arrested again, you’ll face the possibility of having your case enhanced to a felony charge regardless of the amount of marijuana in your possession at that time.
Then there is the element of the impact of a drug related criminal charge appearing as an item on your criminal background during pre-employment screenings and when securing residency in a decent area. Simple marijuana charges can carry a life’s hassle worth of consequences for some individuals, making the necessity for fighting these and other criminal charges all the more important.
Texas Penalties for Marijuana Possession
CLASS B MISDEMEANOR
If a person is found to be in possession of less than 2 ounces of marijuana they will be charged with a Class B Misdemeanor which carries a potential county jail sentence of up to 180 days in addition to fines of up to 2,000.00.
CLASS A MISDEMEANOR
If a person is found to be in possession of more than 2 ounces of marijuana, but less than 4 ounces, they will be charged with a Class A Misdemeanor which carries a potential county jail sentence of up to 1 year in addition to fines of up to 4,000.00.
STATE JAIL FELONY
If a person is found to be in possession of more than 4 ounces of marijuana, but less than 5 pounds, they will be charged with a State Jail Felony which carries a potential prison sentence of 180 days to 2 years in a correctional facility in addition to fines of up to 10,000.00.
3RD DEGREE FELONY
If the defendant is found guilty of possession of over 5 pounds of marijuana, but less than 50 pounds, they will be charged with a 3rd Degree Felony offense which carries a maximum fine of 10,000.00 and prison sentencing guidelines which range from 2 to 10 years.
2ND DEGREE FELONY
If you’re arrested by police and found to be in possession of over 50 pounds of marijuana, but less than 2000 pounds, you’ll be charged with a 2nd Degree Felony offense which carries a maximum fine of 10,000.00 with a potential jail term that range from 2 to 20 years in prison.
ENHANCED 1ST DEGREE FELONY
Enhanced 1st Degree Felony charges will apply if a person is charged with the possession of over 1 ton of marijuana by law enforcement. Criminal penalties include a potential fine of up to 50,000.00 in addition to a prison term that can range from 5 to 99 years.
Arrested for Marijuana Possession? Call Us!
Houston drug case lawyer Christian Capitaine is ready to talk with you if you’ve been arrested in connection with marijuana.
We’ll take the time to review your case and give you the best advice to move forward based on the evidence of the case, the strategies we see that can get us the results we want, and we’ll also make sure that your rights were not violated during the police investigation and subsequent arrest.
If your rights we’re violated, prosecution is finished.
Contact our law firm by calling our office directly at 832-618-7831 or you can send us a message using the form on our contact page.