Marijuana Possession Lawyer in Houston, TX
In Houston, TX, marijuana possession laws are strict. Being wrongfully charged with the possession of drugs can affect future employment opportunities and result in a criminal record. An experienced legal team at Napier Law Firm can demystify the current state of marijuana possession and cannabis statutes in Houston and explain the penalties, legal nuances, and defense strategies available to those charged with a drug offense.
Texas Marijuana Laws
Marijuana possession laws state that cannabis is illegal in Harris County, Texas. This means you can be convicted of a crime when you attempt to grow, deliver, sell, or possess cannabis.
Possession is a statutorily defined term that includes having care, custody, control, or management of marijuana.
Typically, Harris County possession cases involving 4 oz or less will result in a summons and diversion program since local law enforcement has partially decriminalized petty marijuana offenses. However, a potential possession offense could lead to convictions and penalties that escalate with the amount of marijuana possessed. This could mean the difference between being charged with a misdemeanor and a third-degree felony.
The Mandatory Minimum Sentence for Possessing Marijuana
In Houston, marijuana possession charges vary depending on the amount of marijuana possessed. Texas law classifies possessing small amounts (less than two ounces) as a Class B misdemeanor which could lead to 180 days in jail and up to a $2,000 fine. Possession of between two and four ounces is punishable by up to one year in jail and a $4,000 fine.
Legal Implications of Marijuana Possession
Possessing, distributing, producing, growing, and selling recreational marijuana is illegal in Texas. A conviction will tarnish a person’s criminal record, affect their future employment prospects, and limit their access to educational opportunities. Convicted individuals could face the following:
- Probation
- Fines
- Jail time
- Mandatory drug education programs
- Revoked driving privilege and suspension of a driver’s license
- Reduced employment opportunities
- Less access to state and federal programs
Marijuana and Federal Law
Generally, Texas laws align with the federal regulations on marijuana. This means that the use, possession, sale, distribution, and production of marijuana for recreational use is prohibited and criminalized. A Texas pardon attorney can help you determine if you’re eligible to be pardoned from your simple possession charge.
How Much Marijuana Can You Have in Texas?
Currently, Texas laws prohibit individuals from possessing any amount of marijuana for recreational use. Medicinal marijuana is permitted with strict THC limits for qualifying patients.
Simple possession of small amounts is considered a misdemeanor, but possessing more than four ounces can escalate to a felony charge. The sale or delivery of between 50 pounds and 2,000 pounds of marijuana is a first-degree felony, punishable by a mandatory minimum sentence of 5 years imprisonment and a fine not exceeding $10,000.
What Happens if You’re Caught With Marijuana in Texas?
Being caught with marijuana in Texas can lead to different legal outcomes. Your charge will depend on the amount of marijuana possessed, your history with similar offenses, and the context of the possession (e.g., near a school zone). Possession of marijuana becomes a state jail felony in Texas if the amount of marijuana possessed is five pounds or less but more than four ounces.
Are There People in Jail for Marijuana Possession?
Although attitudes about marijuana have changed in recent years, there are still individuals incarcerated for marijuana-related offenses in Houston and Harris County, Texas. If you’ve incurred charges beyond simple possession, such as intent to distribute or possession of significant quantities, which are categorized as more severe felonies, then consider speaking with a skilled criminal defense attorney.
Defense Strategies for Marijuana Possession Charges
Defending a person from marijuana possession charges requires a sturdy defense. Experienced attorneys play a key role in protecting your rights under Texas marijuana laws. Many lawyers use defense strategies to protect their clients from possession of marijuana charges in Houston.
If an officer stops you without reasonable suspicion your lawyer may be able to demonstrate that the officer did not have any legal basis to stop you and have the evidence obtained as a result of that stop thrown out. When officers search a vehicle without obtaining consent, probable cause, or a search warrant your legal team can file a Motions to Suppress to have that evidence thrown out.
The complexities of marijuana possession laws in Houston, TX, require an understanding of the latest federal law and Texas state laws. For those facing possession of marijuana charges, securing adept legal counsel from Napier Law Firm can be a pivotal factor in addressing the legal implications of their case, exploring viable defense strategies, and understanding their rights and responsibilities within the legal process.
To explore the broad spectrum of legal services offered by The Napier Law Firm, including representation in criminal defense cases, or to schedule a complimentary consultation, please do not hesitate to contact our team. For more information on how our Houston based criminal defense lawyers can assist you, visit our dedicated page on criminal defense law.