While states across the country have slowly begun to relax marijuana criminal laws in favor of mostly decriminalizing marijuana possession – Houston, Texas still has many laws in place which make the possession of marijuana a felony offense. While some marijuana offenses are small misdemeanor offenses, these can eventually be increased to felony charges after multiple counts occur, or if the amount with which you are arrested reaches a specified amount. If you have been arrested on charges of possession of marijuana, do not hesitate in contacting an experienced marijuana possession attorney in Houston as soon as possible.
Drug offenses in Texas are not included in the Penal Code, but are instead included in the Health & Safety Code. The possession of marijuana is defined as the “knowing or intentional possession of a useable quantity of marijuana.” Texas state law has expanded this definition to include the possible defenses of the crime. For example, the defendant has the burden of proving that the prosecution incorrectly weighed the quantity of marijuana. This is extremely important in marijuana possession offenses since a small amount can make a big difference, even the difference between a misdemeanor and felony charge. Mary E. Conn, a skilled Houston marijuana possession defense lawyer is passionate about your rights, and we will fight for you.
The amount of marijuana a person is arrested with will directly impact the penalty range, as indicated in the table below:
|2 ounces or less||Class B misdemeanor||Not more than 180 days in county jail and/or up to $2,000 fine|
|2 – 4 ounces||Class A misdemeanor||Not more than 1 year in county jail and/or fine up to $4,000|
|4 ounces – 5 pounds||State jail felony||180 days-2 years in state jail and/or fine up to $10,000|
|5 – 50 pounds||Third-degree felony||2-10 years in state prison and/or fine up to $10,000|
|50 – 2,000 pounds||Second-degree felony||2-20 years in state prison and/or fine up to $10,000|
|2,000 pounds+||Enhanced first-degree felony||5-99 years and fine up to $50,000|
Drug paraphernalia is a separate offense in Texas and is punishable as a Class C misdemeanor with a fine of up to $500. A Class C Misdemeanor does not involve any jail time. However, this offense may be increased to a Class A Misdemeanor if the offense includes possession with the intent to distribute or sell drug paraphernalia. Therefore, the sentencing largely hinges on the intent of the defendant as well as the amount of marijuana found in the defendant’s possession. The experienced Houston marijuana possession attorneys will carefully research the facts and circumstances of the case in order to determine whether the arrest was lawful and the drug amounts were properly handled and weighed after the arrest. Any legal issue during the arrest may lead to dismissal.
If you have been arrested on marijuana possession charges in Houston, do not hesitate in contacting Mary E. Conn. Mary E. Conn is an experienced marijuana possession lawyer in Houston, who has defended numerous clients after receiving drug possession charges. It is important to remember that an arrest is not a conviction, and a jury must be able to find a defendant guilty beyond a reasonable doubt in order to result in a drug possession conviction. Any incident which occurred during the drug possession arrest could additionally sway any potential conviction since the arresting officer must have reasonable cause to search an individual. Contact us at our Houston office on (713) 357-4190 today for your initial free consultation.