What Are the Penalties for Marijuana Possession in Texas?

 Posted on August 28, 2023 in Criminal Defense

In recent years, there has been a growing shift in public opinion regarding marijuana use. The majority of states allow the use of marijuana for medical purposes, and some states have also legalized the drug for recreational use. However, it is important to remember that marijuana is still considered an illegal controlled substance under federal law and in Texas. If you are facing drug charges for marijuana possession in Texas, it is crucial to understand the potential consequences you may face if you are convicted.

Marijuana Laws in Texas

Texas has some of the strictest drug laws in the United States when it comes to marijuana. The possession, sale, distribution, or cultivation of any amount of marijuana is considered a criminal offense. The severity of the offense depends on several factors, such as the amount of marijuana involved and whether there was an intent to distribute.

Under the Texas Controlled Substances Act, possession of less than two ounces of marijuana is classified as a Class B misdemeanor. This offense carries a penalty of up to six months in jail and/or a fine not exceeding $2,000.

If you are found with between two and four ounces of marijuana, you could face a Class A misdemeanor charge. This offense carries a penalty of no more than one year in jail and/or a fine not exceeding $4,000.

Possession of more than four ounces but less than five pounds of marijuana is considered a state jail felony. Conviction can result in imprisonment ranging from 180 days to two years along with fines up to $10,000.

The penalties become even more severe if you are found with larger quantities or if there is evidence suggesting an intent to distribute or sell the drugs. The charges you could face may include:

• Possession of between five pounds and 50 pounds: Third-degree felony, which can be punished by two to 10 years in prison and fines up to $10,000.

• Possession of between 50 pounds and 2,000 pounds: Second-degree felony, which can be punished by two to 20 years in prison and fines up to $10,000.

• Possession of over 2,000 pounds: First-degree felony punishable by five to ninety-nine years or life imprisonment with fines up to $50,000.

Additional Consequences of Marijuana Possession Charges

In addition to the legal penalties outlined above, a conviction for marijuana possession can have long-lasting consequences that extend beyond the courtroom. These may include:

• Criminal record: A drug conviction will result in a permanent criminal record. This can impact your ability to find employment or housing, as many employers and landlords conduct background checks.

• Driver’s license suspension: If you are convicted of marijuana possession in Texas, your driver's license may be suspended for six months. Before your license can be reinstated, you will be required to complete a 15-hour drug education program.

• Loss of a professional license: Certain professions require licenses from state regulatory boards. A drug conviction could lead to the suspension or revocation of your professional license, affecting your ability to continue working in your chosen profession.

Contact an Experienced Denton Marijuana Possession Lawyer

If you are facing charges for marijuana possession in Texas, it is crucial that you seek legal representation immediately. An experienced Denton County drug possession defense attorney can help protect your rights and guide you through the process of defending against a conviction. At Magaña & Van Dyke, we can help you determine the ideal defense strategy that will address the criminal charges against you and help you minimize the consequences that may affect your life. Contact us at 940-382-1976 to set up a free consultation today.