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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 defense 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 Flood Lewis & 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.Flood Lewis & 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 § 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.
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 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 OuncesClass B MisdemeanorUp to 180 days in jailUp to $2,000
2 to 4 OuncesClass A MisdemeanorUp to 1 year in jailUp to $4,000
4 Ounces to 5 PoundsState Jail FelonyUp to 24 months in jailUp to $10,000
5 to 50 PoundsThird-Degree FelonyUp to 10 years in prisonUp to $10,000
50 to 2,000 PoundsSecond-Degree FelonyUp to 20 years in prisonUp to $10,000
More than 2,000 PoundsFirst-Degree FelonyUp to 99 years or life in prisonUp 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 MisdemeanorUp to 180 days in jailUp to $2,000
Less than 1/4 Ounce (Did receive money or goods)Class A MisdemeanorUp to 1 year in jailUp to $4,000
1/4 Ounce to 5 PoundsState Jail FelonyUp to 24 months in jailUp to $10,000
5 to 50 PoundsSecond-Degree FelonyUp to 20 years in prisonUp to $10,000
50 to 2,000 PoundsFirst-Degree FelonyUp to 99 years or life in prisonUp to $10,000
More than 2,000 PoundsCapital FelonyLife in prison without paroleUp 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 ParaphernaliaClass C MisdemeanorN/AUp to 500
Delivering Drug ParaphernaliaClass A MisdemeanorUp to 1 year in jailUp to $4,000
Delivering Drug Paraphernalia to a MinorState Jail FelonyUp to 24 months in jailUp 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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