Marijuana Possession Charges In Houston
While the marijuana legalization debate is in full swing, the drug remains illegal in Texas. Aside from small quantities, if you’re caught with marijuana by Houston area law enforcement officers, you can and will likely be arrested for possession of the drug.
With the election of Kim Ogg as the Harris County District Attorney, people caught with small amounts of the drug are less likely to be jailed or detained in Harris County, but that’s largely at the discretion of the officer and the municipality where the arrest occurred.
Neighboring jurisdictions like Montgomery County have opted to take the opposite stance with regard to possession of marijuana cases and will pursue a conviction. The same is true of Galveston, Waller, Liberty, Brazoria, Chambers, San Jacinto and Fort Bend counties, and about 20 cities within Harris County. If you’re found to be in possession of marijuana in one of the legal jurisdictions that surround Greater Houston, you’ll be arrested and prosecuted to the fullest extent of the law.
If you were arrested for the possession, sale or distribution of marijuana, we will represent you, defend your rights and fight to secure the best possible conclusion to the matter. To reach out to us, call 713-364-0209.
Marijuana And The State Of Texas
Defendants arrested for possession of marijuana will be charged based on two factors: the amount of the drug involved with in their case and any related and/or previous criminal history. Harris County prosecutors always bring up previous criminal charges in court to assassinate the character of the accused for the purpose of spurring a conviction or an enhancement.
If the court agrees that you’re a habitual offender, your charge could be enhanced to the next immediate higher classification. This could result in an enhancement of a misdemeanor marijuana offense to a state jail felony. Outlined below are the sentencing guidelines for marijuana possession based on the quantity of the drug associated with the offense.
Criminal Penalties For Marijuana Possession
| Quantity | Criminal Classification | Penalty | Max. Fine |
|---|---|---|---|
| 2 Ozs or Less | Class B misdemeanor | Up to 180 days in county jail | $2,000.00 |
| 2 – 4 Ozs | Class A misdemeanor | Up to one year in county jail | $4,000.00 |
| 4 Ozs – 5 lbs | State jail felony | 180 days to two years in state jail | $10,000.00 |
| 5 lbs – 50 lbs | 3rd degree felony | Two to 10 year TDCJ | $10,000.00 |
| 50 lbs – 1 Ton | 2nd degree felony | Two to 20 year TDCJ | $10,000.00 |
| Over 1 Ton | 1st degree felony | Five to-99 year TDCJ | $50,000.00 |
Accused Of Marijuana Possession In Houston? Contact Us Immediately.
You cannot be found guilty of marijuana possession in Texas if prosecutors aren’t able to prove that you knew the drug was in your possession or that you exercised control of the drug.
It’s the law.
We have a history of winning the tough drug crime cases and we will be honest with you about the potential for beating your charge or getting the case dismissed. We’ve remained dedicated to providing a high level of legal representation to our clients, regardless of the severity of the criminal charge. If you’re serious about fighting the government’s accusations, we are here to help you.
If you’re ready to schedule a meeting to review your case, get started immediately. Initial case reviews are available to all prospective clients. Call our office at 713-364-0209 or email us to get started.