In Houston and throughout Texas, thousands of marijuana-related arrests are initiated by police officers and Sheriff’s deputies every year. Although marihuana (cannabis) is not as frowned upon as more dangerous drugs like cocaine, meth, and heroin, the drug remains on the Federal drug schedule and retains the definition of a controlled substance as prescribed by the Texas Controlled Substances Act.
If you or a loved one were arrested for possessing marihuana, especially large amounts that may constitute a felony offense, securing legal representation is imperative. Attorney Brandon Strauss, an experienced Houston drug possession lawyer, has successfully defended thousands of Texans accused of possession of marijuana and other controlled substances.
If you need to consult with a seasoned drug crimes lawyer in Houston, contact the Strauss Law Firm today at 713-586-9200 or by submitting a message to us using the form on the contact page.
Strauss Law Firm provides Free Consultations & Case Reviews to all.
Marijuana Possession & Texas Law
A General Overview
Possession of marijuana is a criminal offense in the state of Texas that’s prosecuted to different degrees based on the quantity of the drug and whether or not the accused party was in the process of the manufacture or delivery of the drug.
Enhanced Marijuana Possession Charges
For individuals accused of the manufacture & delivery of marijuana, they’ll face enhanced marijuana possession charges. An enhancement basically means the next most severe criminal classification, as defined by Texas sentencing guidelines. Also worth noting, prosecutors will almost always ask for an enhancement on the charges of habitual offenders.
Criminal Penalties for Marijuana Convictions in Texas
Outlined below is a general overview of how the criminal classifications of “misdemeanor” and “felony” are tied to the amount of the drug the accused party was alleged to have possessed.
Possession of less than 2 ounces: Class B Misdemeanor, Up to $500.00 Fine.
Possession of 2 to 4 ounces: Class A Misdemeanor, Up to $2,000.00 Fine.
Possession of 4 ounces to 5 pounds: State Jail Felony, Up to $4,000.00 Fine.
Possession of 5 to 50 pounds: 3rd Degree Felony, Up to $10,000.00 Fine.
Possession of 50 pounds, up to a ton: 2nd Degree Felony, Up to $10,000.00 Fine.
Possession of more than 1 ton: 1st Degree Felony, Up to $10,000.00 Fine.
Delivery of Marijuana to a Child: 2nd Degree Felony, Up to $4000.00 fine.
Special Note: The Federal drug schedule spells marijuana with a “j” while the State of Texas uses a spelling of marihuana with an “h.” At the Federal level, marijuana is defined as a dangerous drug along with heroin and ecstasy due to its propensity for abuse. At the State (Texas) level, marihuana has its own “scheduled” category or Penalty Group. Synthetic marijuana may be treated differently by prosecutors and is defined in Texas Drug Penalty Group 2, a more severe penalty group that the marihuana penalty group.
Accused of Marihuana Possession in Houston?
Call Brandon Strauss, the Affordable, Effective Defense Attorney.
Since 2008, Attorney Brandon Strauss has fought for the rights and the freedoms of everyday Houstonians just like you.
The Strauss Law Firm prides itself on providing affordable attorney fees, flexible payment options, and outstanding legal representation. It’s not uncommon for our office to represent individuals charged with marijuana possession that are subsequently dismissed.
With over 5000 case dismissals, we know a thing or two about getting a case thrown out of court.
If you have any questions or are interested in scheduling a meeting with Attorney Brandon Strauss, place a fast, friendly phone call to the Strauss Law Firm today by dialing 713-586-9200 or by sending a discreet message using our contact form.
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