Overview of Marijuana Defense in Texas
How Is Marijuana Defined Under Texas Law?
Cannabis, sometimes called weed, bud, or pot is defined under the Health and Safety Code § 481.002(26), which states any compound, manufacture, derivative, salt, mixture or preparation of the plant Cannabis Sativa L. is considered to be marijuana. This means not all parts of the cannabis plant will be considered marijuana under Texas law.According to Texas law, the term marijuana doesn’t include:- Resin extracted from the plant;
- Salt, derivatives, compounds, mixtures or preparations of resin;
- Fiber produced from the stalks of the plant;
- The matured stalks of the plant;
- Any oils or cakes made from the plant seeds;
- Sterilized seeds from the plant that’s incapable of germination; or
- Compounds, salts, derivatives, mixtures, preparations or manufacturing of the mature stalks, fiber, oils or cakes.
Types of Marijuana Offenses in Houston, Texas
Possessing or trafficking marijuana can result in serious consequences. Your penalties will depend on the amount of marijuana and whether you were selling it. Being in certain drug-free zones such as a public or private school could enhance your penalties even further. Listed below are the various types of marijuana crimes in Texas.Possession of Marijuana
Possessing any trace amount of marijuana is illegal in the state of Texas. The consequences associated with possession rely on the quantity of marijuana found. If you possessed a large amount of marijuana upon arrest, the District Attorney may charge you with possession with intent to sell, which is an enhanced charge.The following are the penalties associated with possessing marijuana.Amount Possessed: | Crime Classification: | Jail/Prison Time: | Fine: |
| Less Than 2 Ounces | Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
| 2 to 4 Ounces | Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| 4 Ounces to 5 Pounds | State Jail Felony | Up to 24 months in jail | Up to $10,000 |
| 5 to 50 Pounds | Third-Degree Felony | Up to 10 years in prison | Up to $10,000 |
| 50 to 2,000 Pounds | Second-Degree Felony | Up to 20 years in prison | Up to $10,000 |
| More than 2,000 Pounds | First-Degree Felony | Up to 99 years or life in prison | Up to $10,000 |
Delivery of Marijuana
Selling or delivering marijuana is also unlawful under Texas law. You can still be charged even if the exchange did not result in money or something of value. The legal consequences for delivering marijuana depends on the amount of cannabis in possession and if you received something of value from the delivery.| Amount Possessed: | Crime Classification: | Jail/Prison Time: | Fine: |
| Less than 1/4 Ounce (Did not receive money or goods) | Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
| Less than 1/4 Ounce (Did receive money or goods) | Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| 1/4 Ounce to 5 Pounds | State Jail Felony | Up to 24 months in jail | Up to $10,000 |
| 5 to 50 Pounds | Second-Degree Felony | Up to 20 years in prison | Up to $10,000 |
| 50 to 2,000 Pounds | First-Degree Felony | Up to 99 years or life in prison | Up to $10,000 |
| More than 2,000 Pounds | Capital Felony | Life in prison without parole | Up to $10,000 |
Possession of Drug Paraphernalia
Another common charge associated with marijuana is possession of drug paraphernalia. In Texas it’s illegal to even own drug paraphernalia such as pipes or scales. Some common household items can even be classified as drug paraphernalia including plastic baggies used to store cannabis.Listed below are the penalties for possessing or delivering drug paraphernalia.| Crime: | Crime Classification: | Jail/Prison Time: | Fine: |
| Possession of Drug Paraphernalia | Class C Misdemeanor | N/A | Up to 500 |
| Delivering Drug Paraphernalia | Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Delivering Drug Paraphernalia to a Minor | State Jail Felony | Up to 24 months in jail | Up to $10,000 |
Additional Resources
Marijuana Laws in Texas – Visit the official website of the Texas Penal Code to learn more about their controlled substance laws. Access the site to learn more about marijuana crimes, their associated penalties, possible admissible defenses and other drug offenses.Medical Marijuana in Texas – Visit the official website for the Texas Department of Public Safety to learn more about the Compassionate Use Program. Access the site to receive news and updates about medical marijuana, legislation for medicinal cannabis and answers to frequently asked questions.Lawyer for Marijuana Crimes in Houston, Texas
If you’re struggling with marijuana-related charges, contact the attorneys at Flood Lewis & Associates, Inc.. A conviction could lead to serious consequences such as prison time. It’s important you have the best quality defense to protect your future. Contact Flood Lewis & Associates, Inc. now at (713) 224-5529 to set up a free consultation.Flood Lewis & Associates, Inc. defends people accused of drug offenses throughout the greater Harris County area including Houston, Bellaire, Pasadena, West University Place and Tomball.
This article was last updated on March 11th, 2019.
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