If you’ve been charged for possessing Marijuana, you may be wondering what steps are necessary to fight your case in court. Finding the right criminal justice lawyer and strategies doesn’t have to be difficult. We can help you.

In the state of Texas marijuana is classified as a Schedule I substance under federal law and it’s illegal to be in possession. However, Texas law does make exceptions for consumable hemp products with less than 0.3% Delta-9 tetrahydrocannabinol (THC). These products are permitted under Chapter 443 of the Texas Health & Safety Code. It’s also important to note in Texas it’s illegal to drive under the influence of marijuana, which is classified as a DWI offense.

Penalties for the possession of marijuana are strictly based on the amount possessed or cultivated. These penalties increase even more if possession or cultivation happened in a drug-free zone (i.e. schools, playgrounds, and youth centers).

The possible penalties for possession of marijuana are as follows;

  • Usable quantity less than 2 Ounces
    • Class B misdemeanor, penalties include up to 180 days in jail, or up to a $2,000 fine, or both;
  • Between 2 Ounces and 4 Ounces 
    • Class A misdemeanor, penalties include up to 1 year in jail, or up to $4,000 fine, or both
  • Between 4 Ounces and 5 pounds
    • State jail felony, penalties include between 180 days and two years in prison and up to a $10,000 fine;
  • Between 5 pounds and 50 pounds
    • Third-degree felony, penalties include between two and ten years in prison and up to a $10,000 fine;
  • Between 50 pounds and 2,000 pounds
    • Second-degree felony, penalties include between two and 20 years in prison and up to a $10,000 fine;
  • Greater than 2,000 pounds
    • greater than 2,000 pounds – Penalties include at least five years in prison (and up to 99) and up to a $50,000 find.

If you are charged for any marijuana-related crimes, you should consult with a criminal justice lawyer today. Working with a professional is your best move in fighting these cases in court.

Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and drug possession lawyer practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County