Possession of Marijuana Laws, Charges & Defense in Texas

Possession of Marijuana Defense Attorney

Charged with possession of marijuana in north Texas? You deserve the best legal counsel. Call Tim Clancy, a local defense lawyer near you with over 15 years of experience representing people charged with possession of marijuana in Dallas.

Possessing the smallest amount of marijuana is considered illegal in Texas, and the penalties associated with this crime can include high fines and prison time. While many states have decriminalized possessing small amounts for recreational or medical purposes, Texas does not allow for the possession of marijuana for any purpose.

Texas Marijuana Possession Law

The rules regarding marijuana possession and its associated penalties can be found in the Texas Health and Safety Code, Sections 481.032, et seq. The code classifies marijuana as a Schedule I substance, which means that the state believes that the drug has a high potential for abuse and no recognized medical purpose.

The law defines the crime of possession of marijuana as “[a] person knowingly or intentionally possesses a usable quantity of marijuana.”

Texas Marijuana Possession Penalties

Texas Health and Safety Code, Section 481.121 dictates the penalties for possessing marijuana, and the consequences become more severe as the amount of marijuana in possession increases. Under the law, the penalties for marijuana possession include:

Class B Misdemeanor: Less than 2 oz. of marijuana
Fine: Up to $2,000
Jail term: Up to 180 days
Probation: Up to one year
Driver’s license suspended: Six months
Community service
Mandatory drug treatment program or classes

Class A Misdemeanor: Between 2 and 4 oz. of marijuana
Fine: Up to $4,000
Jail term: Up to one year
Probation: Up to one year
Driver’s license suspended: Six months

State Felony: Between 4 oz. and 5 lbs. of marijuana
Fine: Up to $10,000
Prison sentence: Between 180 days and two years

Felony of the 3rd Degree: Between 5 and 50 lbs. of marijuana
Fine: Up to $10,000
Prison sentence: Between two and ten years

Felony of the 2nd Degree: Between 50 and 2,000 lbs. of marijuana
Fine: Up to $10,000
Prison sentence: Between two and twenty years

Felony of the 1st Degree: More than 2,000 lbs.
Fine: Up to $50,000
Prison sentence: Between five and 99 years

Texas Drug Diversion Program

If you are accused of possessing less than two ounces of marijuana and it is your first offense, you may qualify for a drug diversion treatment program. In 2001, the Texas Legislature mandated the creation of drug courts in counties with populations of more than 550,000 by passing Chapter 469 of the Texas Health and Safety Code.

Drug courts were designed to provide court-supervised treatment as an alternative to traditional criminal penalties involved with possession charges. Drug courts involve the judge and other court officials in a non-adversarial approach to sanction, supervise and provide alcohol and drug treatment services to offenders. Typically, the programs range in length between twelve and eighteen months and provide court supervised treatment.

If you qualify for and successfully complete the requirements of drug court for a marijuana possession charge, you can petition the court to drop the charges. If the court agrees, the charges are expunged and you will not have a criminal record. If the court does not allow expunction, you can still get an order of nondisclosure from the court that seals your criminal record from the public.