Possession, distribution and manufacturing marijuana is a crime in the State of Texas and at the federal level. If you’re arrested in Houston for possession of marijuana, you may be taken to jail or released & ticketed depending on what part of the city you’re in and the amount of the drug in your possession at the time.
If the State of Texas is pursuing you or a loved one for a criminal charge involving marijuana, and you would like to discuss the matter with a proven attorney, contact Mark W. Bennett at 713-224-1747.
Houston, TX & The Marijuana Debate
Although Harris County District Attorney Kim Ogg has taken a lax stance on prosecuting persons arrested for small amounts of marijuana, public safety (driving while smoking or DUI) is still a concern of the Houston Police Department and the State of Texas.
Marijuana possession cases will continue to be prosecuted in Harris County, TX as many learn about their misconceptions of the Harris County DA’s Office new weed enforcement policies the hard way.
Also, the other 9 counties surrounding Houston may not be as forgiving when it comes to prosecuting small-time weed offenders in their jurisdictions. In fact, Montgomery County District Attorney Brett Ligon (the jurisdiction bordering Harris County’s north) has made it clear that Montgomery County, TX won’t “become a sanctuary for dope smokers.”
In addition to Houston cases being heard at the Harris County court, Attorney Mark Bennett will appear in Montgomery County, Brazoria County, Fort Bend County, Galveston County, Waller County, Chambers County, Austin County, San Jacinto County and Liberty County to defend Texans charged with drug crimes.
Marijuana & Texas Law
A person can be arrested for a number of criminal offenses involving marijuana. The most common marijuana related criminal charges involve the following;
- possession, trafficking and distribution of marijuana,
- manufacturing/packaging marijuana,
- possession of related drug paraphernalia
- (used blunts, bongs, residue & leftovers, rolling papers, scales with residue),
- and DUI (Driving Under the Influence).
Special Note: Marijuana is spelled “marihuana” in Texas legal code. Also, Texas does not recognize prescriptions as a form of lawful possession.
Criminal Penalties for Marijuana Possession
The criminal penalties involved with guilty findings related to marijuana are generally based on the amount of the drug in possession of the defendant at the time of the arrest, and any previous criminal background. To give you an idea of the potential penalties for Texas marijuana convictions we’ve added a criminal penalty table below.
|Under 2 Ozs||Class B Misdemeanor||Up to 180D County Jail||$2,000.00|
|2-4 Ozs||Class A Misdemeanor||Up to 1YR County Jail||$4,000.00|
|4 Ozs - 5 Lbs||State Jail Felony||180D to 2YR State Jail||$10,000.00|
|5-50 Lbs||3rd Degree Felony||2 to 10YR TDC||$10,000.00|
|50 Lbs - 1 Ton||2nd Degree Felony||2 to 20YR TDC||$10,000.00|
|Over 1 Ton||1st Degree Felony||5 to 99YR TDC||$50,000.00|
Other Criminal Penalties
Texas Driver License Suspension
Aside from the potential for jail-time and fines, convicted parties may also suffer a Texas Driver License suspension which, in a city the size of Houston, all but guarantees future complications with life and traversing the city. If you’re caught driving, you’ll also have a new complication with the criminal justice system.
The criminal background generated by a new criminal charge/conviction can also create complications in the job market and for persons hoping to further their careers and/or obtain certain licenses. Criminal record sealing & removal may be available for some.
Problems for Juveniles & Young Adults
For young people, minors, and juveniles, a drug conviction appearing during background screenings can be a barrier to enrolling in colleges, universities, and other institutions for higher learning. For professionals, a conviction can result in job loss. A conviction can be prevented.
If you’re looking for a smart, aggressive criminal-defense lawyer for drug crimes with a thorough understanding of the law and a keen knowledge of strategies to make the law work for defendants, call Bennett & Bennett at 713-224-1747 to schedule a free case review.
Need a Houston Lawyer for a Marijuana Case?
Contact Board Certified® Criminal Lawyer Mark Bennett
There are a number of potential defenses at our disposal for persons accused of crimes involving marijuana.
If we find that the evidence was illegally collected or that your 4th Amendment right was violated, we may succeed with a petition for case dismissal.
If charged for a small amount of marijuana, we may be able to take advantage of options to keep the charge off your record, if we don’t beat the charge outright.
If you’re serious about learning more about your options for fighting a criminal charge involving any amount of marijuana, including federal drug trafficking cases, contact Attorney Mark Bennett at 713-224-1747.