Marijuana laws in Texas remain among the strictest in the United States, with significant penalties even for relatively minor offenses. If you face a marijuana charge, you need a lawyer who understands the legal landscape, the potential penalties, and the options for defending your rights.
An experienced drug possession lawyer in San Angelo can navigate the criminal justice system and protect your rights, future, and freedom. This is especially true for those with prior convictions.
Texas Has Strict Marijuana Laws and Harsh Penalties
Texas treats marijuana possession, sale, and distribution very seriously. Even small amounts can result in harsh penalties, including jail time. Understanding these penalties and how they escalate with quantity could help you better understand your case.
Texas Possession Laws
Under Texas Penal Code Section 481.121, possession of marijuana in Texas is illegal. Even having a small amount on you can lead to criminal charges with substantial consequences.
The severity of these penalties depends on the quantity involved. In general, this could include:
- Less than 2 ounces: Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine
- 2-4 ounces: Class A misdemeanor, which can lead to 1 year in jail and a $4,000 fine
- More than 4 ounces: Felony charges could apply, with increasingly severe penalties, including potential prison time
These penalties quickly escalate if law enforcement suspects you distributed marijuana or had the intent to distribute it. The greater the amount, the more severe the charges and penalties.
The best way to avoid harsh penalties is to avoid a conviction. Work with a legal team familiar with Texas possession laws and how your local courts approach these cases. You do not have to try this on your own or rely on an appointed lawyer with a large caseload and little direct experience to help you.
Distribution and Intent to Distribute
Possession with intent to distribute or an actual sale of marijuana is a much more serious offense than simple possession.
Texas law takes an especially harsh stance on these activities. The penalties increase significantly based on the quantity and case facts. Under some circumstances, such as distribution in drug-free school zones or selling to a minor, an arrest could lead to first-degree felony charges.
Having a lawyer managing your case is the most likely way to get the best possible outcome in your case. They can work to develop a strong defense and mitigate any allegations that could increase the potential sentence you could face.
Concentrates and Edibles
Texas classifies marijuana extracts and edibles differently from traditional marijuana possession. Under Texas Health and Safety Code §481.116, concentrates and edibles carry harsher penalties, often classified as felonies even in small amounts.
However, this is a complicated topic. Not all edibles and related products are illegal in Texas. In 2019, Texas lawmakers passed House Bill 1325, which Governor Greg Abbott signed into law. This bill made many types of hemp-derived CBD products legal for sale, possession, and use across the state, except for smokable hemp.
Some of these products contain low THC concentrations. They are chemically very similar to illegal products and crossing the line between them could lead to your arrest. If you believe this happened to you, hire a knowledgeable marijuana possession attorney.
What If I Have Prior Marijuana Convictions?
Texas takes prior convictions into account during sentencing, particularly for drug offenses. Repeat offenses can turn misdemeanors into felonies, with mandatory minimum sentences and higher fines.
Under Texas’s habitual offender laws (Texas Penal Code §12.42), multiple drug convictions can lead to dramatically increased penalties.
For example, the Texas three strikes policy may transform a misdemeanor for a first-time offense into a felony with severe consequences.
With each conviction, the stakes rise. An experienced drug arrest lawyer can reduce or avoid enhanced sentencing for those with previous offenses.
Are There Options for Clearing Your Record After a Marijuana Conviction?
The prospect of clearing your record after a conviction is a common concern even if you do not yet know the outcome of your case. Texas provides limited options for those with marijuana convictions. Your attorney can offer advice about the likely possibilities in your case and guide you through the process if necessary.
Expungement
Texas generally does not allow expungement of criminal convictions.
However, individuals:
- Whose charges were dismissed
- Who were found not guilty
- Who completed a diversion program
can remove the arrest from public records, providing a clean slate
Chapter 55 of the Texas Code of Criminal Procedure governs this process.
Orders of Non-Disclosure
If expungement is not an option, certain cases may qualify for a non-disclosure order. This order seals the criminal record from public access, limiting who can view it.
While it does not completely erase the record, it restricts access, which can be beneficial for employment, housing, and other areas where a previous criminal record could affect their future. This may help if you have only a single conviction on your record.
An experienced Texas criminal defense lawyer can advise you on eligibility and help you navigate this process if necessary.
Possible Defenses Against Texas Marijuana Charges
While Texas has passed strict marijuana laws, skilled attorneys can often develop robust defenses to reduce or dismiss the charges. The defense used in your case will depend entirely on the case, the circumstances that led to your arrest, and other factors. Your lawyer will discuss this in-depth with you.
Some potential defenses that your attorney might use to help you get the best possible outcome in your case include:
Unlawful Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures. Police officers must have probable cause or a valid search warrant. This includes going through your vehicle after a traffic stop or coming into your home for any reason.
If your attorney can demonstrate that law enforcement conducted an unlawful search, any evidence obtained might be inadmissible in court, significantly weakening the prosecution’s case. This evidence generally includes the drugs the state accuses you of possessing.
Lack of Possession or Knowledge
One essential element of a possession charge is proving that the defendant knowingly possessed the marijuana. If multiple people were present, for instance, it may be difficult to prove who actually had possession.
Attorneys can argue that you did not have control or knowledge of the substance, especially in situations involving shared spaces, like vehicles or residences. This is one of the most common defenses in Texas possession cases.
Medical Necessity
Texas does not broadly accept medical marijuana, but the Texas Compassionate Use Program does allow limited medical use of low-THC cannabis for a very limited list of health conditions.
Although a medical defense is limited in Texas, it may be relevant in specific cases, including those where the individual has amyotrophic lateral sclerosis, autism, cancer, epilepsy, an incurable neurodegenerative disease, multiple sclerosis, post-traumatic stress disorder, a seizure disorder, or spasticity.
An attorney can assess whether any medical necessity argument might be applicable. It is important to note that this program requires a diagnosis, a prescription from a qualified physician, and entry onto the Compassionate Use Registry.
It is very difficult to claim you use marijuana for a medical reason without first navigating these steps.
Constructive vs. Actual Possession
Constructive possession cases often arise when marijuana is not directly found on the person but rather nearby (such as in a car). If the marijuana wasn’t found on your person, an attorney might argue that proximity alone does not establish guilt, which can make a significant difference in your case outcome.
If you believe this defense will work in your case, you will want an experienced and resourceful attorney on your side.
The Benefits of Hiring an Experienced Marijuana Charges Lawyer
A knowledgeable criminal defense lawyer can make a substantial difference in the outcome of your marijuana possession or distribution case. They will know how to fight for your best interests, protect your rights, and help you get the best possible outcome based on the evidence.
A few ways you will benefit from hiring an experienced marijuana crime lawyer include:
Knowledge of Texas Laws and Local Courts
An experienced Texas criminal defense attorney knows the state’s marijuana laws and the nuances of local courts. You need this knowledge when navigating the complexities of drug charges.
Numerous unique factors could influence your case. You want someone on your side fighting for you who can predict what will occur and counter it in an effective way.
Negotiating Lesser Charges or Alternatives
Experienced attorneys can work with prosecutors to negotiate plea deals, potentially leading to lesser charges or alternative sentencing options, such as drug education classes or diversion programs.
These life-changing alternatives can help first-time offenders hoping to keep their records clean or seek non-disclosure after a conviction.
Protecting Future Opportunities
Marijuana convictions can affect many aspects of life, including employment, housing, and educational opportunities.
A lawyer can work to mitigate these long-term consequences, possibly reducing the severity of the charges, clearing your name, or helping you pursue record-sealing options.
Providing Legal Representation to the Court
If you have never faced an arrest or criminal charges, one of the most difficult and stressful parts of this ordeal is often not knowing what to expect. Most people do not know how the criminal justice process works or how to react during court appearances.
When you have a lawyer on your side, this is not a problem. They will ensure you understand what is happening, what to expect, and how to behave. They will prepare you for court appearances and be by your side during them. They will advise you what to wear and when to arrive—in addition to what plea to enter and what to say.
Guidance on Expungement or Non-Disclosure
If you qualify, an attorney who understands the intricacies of Texas expungement and non-disclosure processes can help you apply for record sealing. They can explain the eligibility requirements, help gather necessary documentation, and file any necessary paperwork. They will understand when your local courts approve these petitions, maximizing your chances of success.
When Should I Call a Criminal Defense Lawyer About My Marijuana Case?
Facing a marijuana charge in Texas can be intimidating. Hiring an experienced lawyer can be a critical step in securing the best possible outcome. With a thorough understanding of Texas’s strict marijuana laws, the ability to craft effective defenses, and the skill to negotiate reduced penalties, a criminal defense attorney can protect your rights and your future.
If you or a loved one is dealing with a marijuana charge, consider consulting a criminal defense lawyer who can guide you through this complex legal terrain and provide you with the best defense possible.
Make this call as soon as possible after you learn about the charges. Sometimes, individuals enlist the help of an attorney before they face charges, such as immediately after an arrest.
When possible, this ensures you have a lawyer by your side during every court appearance and at any time when the police might question you about a possible crime.
Discuss Your Texas Marijuana Charge With Our Team Today
At the Law Offices of David M. White, we protect the rights and fight for the best interests of clients in Abilene or greater Taylor County, Texas. Our criminal defense attorneys can help you navigate the system and get the best possible outcome in your case after facing a marijuana arrest or charge.
Contact us today to learn more about our services and your next steps. Call (325) 437-3311 to get started now.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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