Been Arrested For Possession of Marijuana?
Have you or a loved one been arrested for possession of marijuana? While some states have legalized the possession of marijuana, it is still a crime in Texas. First offender programs for possession of marijuana are a breath of fresh air, but for many of my clients, this is not their first rodeo.
Or, are you scratching your head wondering why you’re facing a felony charge for what you thought was marijuana but the prosecutors are calling it “THC other than marijuana” under the Health and Safety Code sec. 481.103 (a)(1) Penalty Group 2? Now we are talking about budder, shatter, wax, oils, or edibles.
Penalties For Possession of Marijuana in Texas
While many times probation is available, the penal code provides up to 6 months in jail for possession of less than 2 ounces, up to 1 year in jail for possessing more than 2oz but less than 4oz of marijuana, and felony punishments for over 4oz. As you might imagine – the MORE you have, the GREATER the potential punishment exposure. Possession of marijuana in a “drug free zone”, for instance a school, elevates the offense level 1 grade higher.
TCH Concentrates are treated much more severely than plain plant marijuana. 1.999 ounces of plant marijuana is a Class-B Misdemeanor with a maximum penalty of 180 days in jail and a $2,000 fine. THC other than plant marijuana (the concentrates listed above) at 1.999 ounces has a maximum punishment of 20 years in prison and a $10,000 fine.
Total weight determines the range of punishment. The weight includes “all adulterants and dilutants”. So, it is the weight of the marijuana edible in its final form (brownies, gummys, hard candy, etc.) that determines how many years in prison you are exposed to. For example, if you are busted with THC infused gummy bears in a standard Haribo package it exposes you to a maximum prison term of life or 99 years because the aggregate weight is over 400 grams.
The Best Defense & Rehabilitation Options
The first thing that happens is we have a confidential talk, and you tell me how you were arrested. My focus is determining whether there has been an illegal search or seizure. If the facts and the law support this constitutional violation then the marijuana cannot be introduced into evidence. You WALK away – case dismissed.
While determining whether the drugs can be legally suppressed, I am also paying close attention to determine if there is a factual defense.
- Was it found on you, or in a car where you were a passenger?
- Were you a guest in someone’s home?
- Do other people borrow your car or were you driving a borrowed car?
- Do you share a purse or backpack?
While trying to find the proper defense to lead to a dismissal, or an acquittal, years of experience has taught me that rehabilitative efforts reflect positively on my clients. Recognizing that judges, juries, and prosecutors’ appreciate rehabilitative efforts, I have a number of professionals including psychologists, addiction counselors, and rehab facilities that I work closely with to achieve optimum results.
Call Me Today
Call me today for a free consultation at 713-521-0059. This is a strange and frightening journey that you have no choice but to undertake. I have successfully guided thousands of Texans who have been charged like you with Possession of Marijuana to successful outcomes. Put my 40 years as a former prosecutor and criminal defense attorney to work for you.
Don’t delay, call me today, because evidence we may need to get to help you might be gone tomorrow.