Marijuana Defense

Marijuana Defense

Americans are becoming increasingly comfortable with cannabis after it’s legalization in several
states. However, Texas still considers possession or sale of cannabis to be illegal. Charges
associated with marijuana can lead to serious consequences such as expensive fines and prison time.
That is why it’s imperative you have legal representation.

With an experienced criminal
attorney, you can combat your charges. An attorney can file motions, suppress evidence
and use their resources to build your defense. If you or someone you know has been charged with a
cannabis-related crime, it’s important you contact a skilled marijuana defense attorney.


Marijuana Defense Attorney in Harris County, Texas

A conviction for marijuana possession or trafficking could devastate your daily life. Employers may
not hire you if you have a history of drug abuse. You can even have issues obtaining housing or
applying for federal loans with a cannabis conviction. Because of this, it’s recommended you seek
quality legal counsel.

Contact Tyler Flood & Associates, Inc. to speak to a skilled attorney today. Our team are well versed in all type of drug
offenses in Texas. With our experience, we can build a sturdy defense for you. Call us now at
(713) 224-5529 to set up a consultation.

Tyler Flood & Associates, Inc. accepts clients throughout the greater Houston metropolitan area including Uptown, River
Oaks, Midtown and Magnolia Park.

How Is Marijuana Defined Under Texas Law?

Cannabis, sometimes called weed, bud, or pot is defined under the Health and Safety Code §
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.

Because of this, some cannabis products aren’t considered legally considered to be marijuana. For
example, THC concentrates are made from resin collected on cannabis flowers. This would make THC
concentrates a Penalty Group 2 drug instead of marijuana in the eyes of the law.

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
with possession rely on the quantity of marijuana found. If you possessed a large amount of
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:


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
exchange did not result in money or something of value. The legal consequences for delivering
depends on the amount of cannabis in possession and if you received something of value from the

Amount Possessed: Crime Classification: Jail/Prison Time:


Less than 1/4 Ounce (Did not receive money or
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
classified as drug paraphernalia including plastic baggies used to store cannabis.

Listed below are the penalties for possessing or delivering drug paraphernalia.


Crime Classification:

Jail/Prison Time:

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

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.

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 Tyler Flood & Associates, Inc.. A conviction
lead to serious consequences such as prison time. It’s important you have the best quality defense
protect your future. Contact Tyler Flood & Associates, Inc. now at (713) 224-5529 to set up a free consultation.

Tyler Flood & 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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