Possession of Marijuana in Fort Bend County, Texas

While the possession or use of marijuana may be viewed as harmless by some, it is viewed as a crime in the state of Texas. Repeated arrests and convictions for marijuana possession can eventually lead to more severe punishment and negatively impact your life. Hiring a Fort Bend County Criminal Defense Attorneyis the first step in defending yourself against possession of marijuana charges.

What Constitutes Possession of Marijuana?

The Texas Health and Safety Code sets the standard for what qualifies as possession of marijuana. According to Section 481.121, possession is defined as:

Knowingly or intentionally possessing a usable quantity of marijuana.

This includes the possession of a Cannabis sativa plant, whether it is growing or not, the plant’s seeds and any other form of the plant such as a joint or a package containing dried and shredded buds. Texas law makes no distinction regarding the possession of medicinal marijuana and a doctor’s approval to use the drug cannot be considered a valid defense.

Possession of marijuana is a separate crime from the manufacture or sale of the drug. If law enforcement determines that you are in possession of marijuana with the intent to distribute it, you may face additional charges and penalties.

How is Possession of Marijuana Classified in Texas?

Marijuana possession may be charged as a misdemeanor or felony, depending the amount of marijuana involved and whether or not you have any previous convictions for possession.

In cases involving fewer than two ounces of marijuana, you will typically be charged with a Class B misdemeanor. As the weight limit increases, so does the charge from a Class A misdemeanor up to a first degree felony. If you have multiple prior convictions for marijuana possession, your charges may also be enhanced, regardless of the weight limit. Sale or delivery of marijuana to a minor or distribution of marijuana within 1000 feet of a school will also caused your charges to be increased to the next level.

The table below outlines the punishments that may be handed down if convicted of marijuana possession in the state of Texas.

Punishment Ranges by Weight of Marijuana

Weight Time Fine
Less than 2 oz.1 day to 180 days in the County Jail$2,000.00
2 oz. to 4 oz1 day to 1 year in the County Jail$4,000.00
4 oz. to 5 lbs.180 days to 2 years in State Jail$10,000.00
5 lbs. to 50 lbs.2 years to 10 years imprisonment$10,000.00
50 lbs. to 2,000 lbs.2 years to 20 years imprisonment$10,000.00
2,000 lbs. or more5 years to 99 years or Life$50,000.00

Treatment of First-Time and Juvenile Offenders

If you’re a juvenile or this is your first arrest for possession of marijuana, you may be able to avoid serving any jail time. Your Fort Bend County criminal defense attorney may make arrangements for a plea agreement or your case may be dismissed entirely if you voluntarily agree to participate in a diversion program.

Depending on the circumstances of your case, you may be able to avoid jail time by completing drug treatment or attending drug court. The primary goal behind these types of programs is to allow first-time and juvenile offenders to receive an adequate punishment for the crime without incurring a permanent criminal record.

A conviction for a felony, in particular, can have serious future implications and potentially bar you from getting certain jobs or applying for student loans, grants and scholarships. You may also face the loss of your driver’s license for up to six months following a conviction for marijuana possession.

If your son or daughter is facing criminal charges for possession of marijuana, you need to contact a Texas criminal defense attorney right away.

How Can a Fort Bend County Defense Attorney Help Me?

Enlisting the aid of a Fort Bend County criminal defense lawyer is key to protecting your rights if you’ve been charged with possession of marijuana. An experienced attorney should do a number of things on your behalf, including:

  • Investigating the facts of the case
  • Building a solid defense
  • Challenging the prosecution’s case against you
  • Negotiating a plea arrangement if necessary
  • Seeking a reduced sentence or diversion program if a conviction seems likely

Texas criminal defense attorney Lee D. Cox specializes in doing all of these things and more to protect the rights of his clients who are facing charges for marijuana possession. Lee is dedicated to aggressively defending individuals against possession charges and working hard on their behalf to achieve the best resolution for their case.

If you or someone you love has been charged with possession in the Fort Bend County area, call Lee D. Cox today at 281-762-7345 to find out how he can help with your case. You don’t have to let a criminal drug conviction ruin your life. Call the law office of Lee D. Cox now to get expert legal representation for your Fort Bend County marijuana possession case.

20+ Years of Experience in Criminal Defense

I began my career with the District Attorney's office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.

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