Drug and Marijuana Offenses

Penalties for drug possession vary depending on the type and quantity of the drug. If the arrest involved illegal search and seizure, an attorney can help challenge the evidence.

Marijuana

Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail. Texas determines punishments based on the weight of the drug possessed or sold:

• Any amount under 1 lb:

  • 6 months to 2 years in a state jail

  • $2,000 - $10,000 fine

• For possession of 1 - 5 lbs:

  • minimum sentence of 6 months in state jail

  • $10,000 fine

  • will count as a felony on your record

• Amounts over 5 lbs assumes you are a major trafficker:

  • • 5 - 50 lbs:            2 - 10 years, $10,000 fine

    • 50 lbs - 1 ton:      2 - 20 years, $10,000 fine

    • 1 ton+ :               5 - 99 years, $50,000 fine

Giving a friend a baggie or selling a baggie?

In Texas, a gift of even less than 1/4 of an ounce carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time).  If it is a sale of that same amount, the penalty jumps to 1 year.  This applies to even extremely small amounts, even less than a single joint cigarette.

Sales above 1/4 of an ounce are as follows:

• 1/4 oz  - 5 lbs:   6 months - 2 years, $10,000 fine

• 5 lbs - 50 lbs:   2 - 20 years, $10,000 fine

• 50 lbs - 1 ton:   5 - 99 years, $10,000 fine

• 1 ton or more:   Mandatory minimum of 10 - 99 years, with a $100,000 fine

I am a legal user of medical marijuana in another state. Can I bring it into Texas?

No. Texas does not recognize any form of medical marijuana even if you have a prescription from your home state.

Other Drug Possession

A conviction on drug possession charges could have serious implications for you because of the possibility that you might have to go to jail and pay stiff fines reaching into the thousands of dollars, as well as the possibility the police may seize your car or other property. Drug possession charges can also keep you from certain jobs and professional licenses.

Whether you are charged with felony possession or misdemeanor possession depends on the penalty group and the weight or amount of the drug.

Things get even more complicated if you have a prior drug conviction and are facing a 2nd or 3rd offense drug possession charge. Please call to speak to an attorney to determine what penalties you may be facing if convicted, and how I can help fight the charge.

Drug Paraphernalia

In Texas, possession of drug paraphernalia is a separate criminal charge under the law. A drug paraphernalia is any item that can be used as a drug processing, packaging, or consumption mechanism.

Simple possession of drug paraphernalia is a Class C Misdemeanor, which carries a penalty of fines up to $500.

Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, which can result in up to a year in jail. Second offense penalties will result in mandatory jail time, or if you sell to someone under 18 years old.

The laws are complex. Your freedom and future require protection. Call me to discuss your rights.