Possession of Marijuana
Arrested for marijuana possession in Houston, TX?
Call Jack B. Carroll & Associates to learn about your options.
In Houston, as prescribed by Texas law, possession of marijuana is a misdemeanor charge at a minimum, and an enhanced first-degree felony at worst.
Individuals who are caught in possession of large quantities of marijuana or “major weight,” face the potential for a life sentence if convicted in the court of law.
Even persons who are arrested for possession of marijuana paraphernalia or small amounts of the drug will experience a short county jail sentence and an undesirable criminal record.
Marijuana & Texas Law
Marijuana (as it relates to criminal charges of possession of marijuana) is defined as any Cannabis sativa plant, growing or not, seeds of the plant, preparation of the plant, or a package containing dried and shredded buds. Although irrelevant, marijuana is spelled marihuana in Texas legal code.
Possession of paraphernalia (relating to marijuana) is classified as a Class C misdemeanor and carries a $500 fine as penalty.
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Criminal Penalties
Possession of Marijuana
For marijuana possession charges, the amount of jail time the defendant will face correlates to the quantity of marijuana they’re accused of having in their possession and any existing criminal background they may have. Below, we’ve added a table which outlines the penalties for possession of marijuana based on the quantity of the drug the defendant is accused of possessing.
| QUANTITY | CLASSIFICATION | SENTENCING | FINE |
|---|---|---|---|
| UNDER 2 OUNCES | CLASS B MISDEMEANOR | NONE | UP TO $500 |
| 2 to 4 OUNCES | CLASS A MISDEMEANOR | UP TO 1YR COUNTY JAIL | UP TO $4000 |
| 4 OZS TO 5 LBS | STATE JAIL FELONY | 180D – 2YR STATE JAIL | UP TO $10K |
| 5 LBS TO 50 LBS | 3RD DEGREE FELONY | 2-10YR TDCJ | UP TO $10K |
| 50 LBS TO 1 TON | 2ND DEGREE FELONY | 2-20YR TDCJ | UP TO $10K |
| OVER 1 TON | 1ST DEGREE FELONY | 5-99YR TDCJ | UP TO $10K |
Manufacture & Delivery of Marijuana
Criminal penalties for being charged with a criminal offense relating to the distribution of marijuana are more extreme than charges of possession of marijuana. Typical punishments for distribution of marijuana as defined by the Texas Code of Criminal Procedure outlined below.
| QUANTITY | CLASSIFICATION | SENTENCING | FINE |
|---|---|---|---|
| UNDER 7 GRAMS | CLASS A MISDEMEANOR | UP TO 1YR COUNTY JAIL | UP TO $4000 |
| 7 GRAMS TO 5 LBS | STATE JAIL FELONY | 180D – 2YR STATE JAIL | UP TO $10K |
| 5 LBS TO 50 LBS | 3RD DEGREE FELONY | 2-10YR TDCJ | UP TO $10K |
| 50 LBS TO 1 TON | 2ND DEGREE FELONY | 2-20YR TDCJ | UP TO $10K |
| OVER 1 TON | 1ST DEGREE FELONY | 10-99YR TDCJ | UP TO $100K |
(Click here for a thorough definition of delivery.)
Criminal penalties imposed by the court of law on convicted persons will take into consideration their criminal background and the plight of first-time offenders. For first-time marijuana possession offenders, harsh criminal penalties can be avoided. Options are also available for getting the criminal charge expunged (criminal records removed) from their record so long as they have successfully completed any community service or probationary requirements.
Also, keep in mind that any criminal charge involving a substance outlawed in Texas will result in the suspension of your Texas Drivers License. Outlawed substances include small amounts of marijuana such as joints or seeds.
Penalties for marijuana offenders who are juveniles vary in Houston. As of the time of this writing, Harris County Dist. Atty. Kim Ogg is lax with regard to prosecuting Houstonians arrested for small amounts of marijuana. This has led to small municipalities in the Houston area ordering their police officers to charge defendants with possession of paraphernalia; a misdemeanor offense which can be prosecuted at the municipal level and punished with a small fine. Small cities profit from this practice, but the defendants suffer all the detriments associated with having a criminal record. Such cases should be fought in court and subject to city-payoffs (fines).
Jack B. Carroll, One of Houston’s Most Experienced Lawyers
Board Certified® By The Texas Board of Legal Specialization
Call 713-228-4607 For a In-Depth Case Evaluation
Since 1991, Board Certified® Houston criminal defense attorney Jack B. Carroll has worked hard and earned his reputation as a premier defense attorney for all cases include high-profile cases which make the news.
If you or a loved one are in trouble with the law and must face the immense resources of the State of Texas at the Court of Law in Houston, Harris County, Texas, then you need an attorney. Call me at 713-228-4607 for a detailed case review.
Although my practice is based in Harris County, in Downtown Houston, I also represent individuals with criminal charges in Brazoria County, Chambers County, Fort Bend County, Galveston County, Liberty County, Montgomery County, San Jacinto County, and Waller County.
Our main objective is to find the best possible outcome for your situation and protect your Constitutional Rights.
Jack B. Carroll, Houston Criminal Defense Attorney
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If you were accused of a crime and looking for help, don’t hesitate to contact my office or text me directly at (713) 228-4607.
Need to talk with a lawyer?
If you were arrested and accused of selling or possessing marijuana in the Houston area and are looking for a good drug crimes lawyer to represent you, give me a call at 713-228-4607. I am Jack B. Carroll, a Board Certified® Houston criminal defense attorney that focuses 100% on criminal law.
Punishment for any drug possession charge in Texas, including marijuana, carries serious potential consequences. It’s in your best interest to hire me, or another qualified criminal attorney in Houston as soon as possible to give your future the best possible chance of limited impact.