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OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
"Possession" in the context of the possession of marijuana means that the person has marijuana in his "care, custody, control, or management." Even if the marijuana doesn't belong to you, even if you didn't know the marijuana was there, if the police find marijuana in your possession you will very likely be cited for possession of marijuana and will probably be arrested. Whatever the particulars of your situation, if you are charged with possession of marijuana, you need an experienced marijuana possession attorney.
Potential Punishment
As Section 481.121 makes clear, Possession of Marijuana can be charged as anything from a class B misdemeanor (up to 180 days in the county jail and up to a $2,000 fine) up to a first degree felony (5-99 years in prison and up to a $10,000 fine). The seriousness of the charge and the possible punishment depends on the amount of marijuana found in a person's possession.
Other Consequences
In Texas, a conviction for possession of even a small amount of marijuana carries serious consequences. Your driver's license can be suspended. A conviction for possession of marijuana can prevent you from getting student loans or financial aid. Many employers consider a conviction for marijuana possession to be disqualifying for a job applicant. It can even make it hard to get an apartment. This is why it is critical that you hire the right Texas marijuana attorney to handle your marijuana possession case.
From his offices in Austin and Fort Worth, Texas Jason Trumpler provides aggressive representation to those accused of serious crimes including drug possession cases.
We represent people charged with drug possession, marijuana possession, and any other type of crime in Austin, Cedar Park, Georgetown, Dallas, Fort Worth, Killeen, Kyle, Buda, San Marcos, New Braunfels, Round Rock, Plugerville, San Antonio, Richardson, Addison, Arlington, Garland, Mesquite, University Park, Highland Park, Southlake, Farmers Branch, Irving, Grand Prairie, Carrolton, Grapevine, The Colony, Cedar Hill, Temple, Travis County, Williamson County, Hays County, Caldwell County, Burnet County, Bell County, Blanco County, Bastrop County, Lee County, Comal County, Dallas County, Tarrant County, Guadalupe County, Llano County, and Bexar County.
Click here if you are facing a Marijuana Possession charge in the Austin, San Antonio, or Dallas-Fort Worth areas. Or contact the Law Offices of Jason Trumpler, P.C. at 866-722-8400 right now.