Possession of Marijuana


            If you are charged with Possession of Marijuana in Texas, you need an aggressive criminal defense attorney to protect your rights.  You are facing a fight on several different levels, and you need to understand the consequences of having a conviction on your record.


            The first consequence to consider is the punishment range of the offense itself, as described by the Texas Health and Safety Code § 481.121.  You will also notice that in this section they spell the word “marihuana”, rather than “marijuana”.  I think this tells you all you need to know about the people making our drug policy.  Here is the language from the code:


(1)  a Class B misdemeanor if the amount of marihuana

possessed is two ounces or less;


(2)  a Class A misdemeanor if the amount of marihuana

possessed is four ounces or less but more than two ounces;


(3)  a state jail felony if the amount of marihuana

possessed is five pounds or less but more than four ounces;


(4)  a felony of the third degree if the amount of

marihuana possessed is 50 pounds or less but more than 5 pounds;


(5)  a felony of the second degree if the amount of

marihuana possessed is 2,000 pounds or less but more than 50 pounds; 



(6)  punishable by imprisonment in the institutional

division of 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 marihuana possessed is more than

2,000 pounds.


As you can see, the punishment range for possession of marijuana is less than that of other controlled substances, but it still needs to be taken seriously, since large amounts or repeat offenses could land you in prison.


The second set of consequences sometimes referred to as “collateral consequences” for a conviction of possession of marijuana, can be quite troubling.  It is possible that you could lose your drivers license upon conviction for up to 180 days.  If this happens to you, contact our offices immediately to arrange for us to file a petition for an Occupational License, so you can still get yourself to work or school.  A conviction for Possession of Marijuana could also cause you to be denied access to student loans, housing, and employment. 


As you can see, even though the initial consequences for possession of marijuana may not be as severe as other controlled substances, it can still cause you trouble for years to come if not handled properly. Call me with your questions about marijuana possession charges; I would love to help you get through this.


Shawn H. Smith is an experienced Criminal Defense attorney serving San Antonio, Seguin, New Braunfels, San Marcos, Floresville and more.  Call today for your free consultation, available nights and weekends for your convenience.



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