Houston Criminal Defense Attorney

An overview of penalties for marijuana possession in Texas

Possession of marijuana in Texas can result in a jail sentence, even if the amount of pot in question is small. This post will present a short overview of the penalties for possessing marijuana in the state of Texas. This information is general only and is not legal advice. Those needing more specific information may wish to consult a criminal defense attorney.

Possession of even a small amount of marijuana can result in a jail sentence in Texas. Under the Texas Penal Code, possession of two ounces or less is considered a Class B misdemeanor, which is punishable in Texas by up to 180 days in jail and could carry a fine of not more than $2,000. Possession of more than two ounces and up to four ounces is considered a Class A misdemeanor, which is punishable by up to a year in jail and could carry a fine of up to $4,000.

If possession of marijuana is more than four ounces, this is a felony. Possession of over four ounces up to five pounds is a state jail felony, which can lead to a sentence of 180 days to two years in jail and carries a fine of up to $10,000. Possession of more than five pounds and up to 50 pounds is a third-degree felony, and the potential punishment includes a prison sentence of two to ten years.

Possession of more than fifty pounds and up to 2,000 pounds is a second-degree felony. A conviction can result in a prison sentence of two to twenty years. The most severe punishment is for possession of over 2,000 pounds. In that case, the individual, if convicted, will face either a life sentence or a sentence of five to 99 years. Stiff fines can also be imposed for felony marijuana convictions.

A person facing marijuana charges needs an aggressive defense. In many cases, it is possible to fight for an acquittal or dismissal of the charges. If the evidence for the state is strong, it is still possible in many cases to obtain a reduction of the charges and the sentence.

Source: Tex. Penal Code §§ 481.120-.122, accessed Aug. 18, 2014

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