POSSESSION OF MARIJUANA

Possession of Marijuana in Texas

​

Despite the advances of many states in the decriminalization of the possession of marijuana, Texas has not followed suit in decriminalizing the possession of marijuana. In fact, Texas law is still very stringent on the possession of marijuana in Texas, and the range of penalties for possession of marijuana can include heavy fines, the suspension of your driver’s license, incarceration in county jail, state jail, and in some cases in state prison. Conviction of possession of marijuana may also result in the loss of eligibility for federal student loans, loss of current and future employment opportunities, and the revocation of professional licenses or certificates you may hold.

​

The Range of Penalties for Possession of Marijuana 

​

Under Texas Health and Safety Code § 481.121, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. Under Texas law, “possession” means actual care, custody, control, or management of the marijuana. 

The range of penalty varies for the possession of marijuana, including the following: 

(1) a Class B misdemeanor if the amount of marijuana possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marijuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marijuana possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marijuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marijuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marijuana possessed is more than 2,000 pounds.

​

Contact a Houston or Sugar Land Criminal Law Attorney for your Drug Possession Charge

​

If you were arrested for the possession of marijuana in the Houston Metro area, you need an experienced Houston or Sugar Land attorney on your side to zealously advocate and fight the pending drug possession charges. Depending on the facts of you case, there may be several defenses available to fight the drug possession charges and facts that can be raised to the court to help in lessening the sentence you are facing, such as the specific events surrounding your arrest as well as your criminal history. It is vital you hire an experienced and aggressive drug attorney in Houston or Sugar Land to assist you in raising the available defenses and mitigating factors to your marijuana possession charge. As a Katy, Texas native, daughter of life long public servants, and practicing criminal law attorney in Houston and Sugar Land, having served on both the legislative and criminal defense side, Rebecca Grothaus’s experience is invaluable in defending clients.