MARIJUANA DEFENSE
While other states have decriminalized marijuana, Texas has not. Texas still provides harsh penalties for the use, possession, cultivation, and delivery of marijuana. If you or a loved one has been charged with the possession, possession with the intent to deliver, cultivation or delivery of marijuana, please contact our office immediately for a free & confidential consultation.
DEFINITION OF MARIJUANA IN TEXAS
Chapter 481 of the Texas Controlled Substance Act under Section 481.002 defines marijuana as the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The legal definition of marijuana does not include:
- the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture or preparation of the resin.
- the mature stalks of the plant or fiber produced from the stalks,
- oil or cake made from the seeds of the plant; or
- the sterilized seeds of the plant that are incapable of beginning germination.
COMMON MARIJUANA OFFENSES IN TEXAS:
- Possession of Marijuana;
- Felony Possession of Marijuana;
- Possession with Intent to Deliver Marijuana;
- Sale of Marijuana;
- Delivery of Marijuana;
- Cannabis Cultivation / Grow House Operations;
- Trafficking in Marijuana; and
- Crimes involving THC Concentrates / Oils / Edibles / Hash.
POSSESSION OF MARIJUANA:
Under Texas Law possession of marijuana is defined as a person knowingly or intentionally possesses a usable quantity of marijuana.
Under Texas law possession is defined as the actual care, custody control or management of the marijuana
The classification of penalties for the possession of marijuana are:
- Class B Misdemeanor: 0 to 2 ounces
- Class A Misdemeanor: 2 to 4 ounces
- State Jail Felony: 4 ounces to 5 pounds
- Third-Degree Felony: 5 pounds to 50 pounds
- Second -Degree Felony: 50 pounds to 2,000 pounds
- First Degree Felony: More than 2,000 pounds
The classification of penalties for the delivery of marijuana are:
- Class B Misdemeanor: 1/4 of an ounce or less and no remuneration is received by deliverer
- Class A Misdemeanor: 1/4 ounce or less and deliverer receives remuneration
- State Jail Felony: Over 1/4 ounce and less than 5 pounds
- Second-Degree Felony: Over 5 pounds but less than 50 pounds
- First-Degree Felony: Over 50 pounds but less than 2,000 pounds
- 10-99 years or life and a fine not to exceed $100,000: 2,000 pounds or more
MARIJUANA CONCENTRATE OFFENSES:
The State of Texas treats marijuana concentrate far more serious than marijuana. Even though the possession of less than four ounces of marijuana is a misdemeanor, only a miniscule amount of concentrace, extracts, wax, oils or hashish is charged as a felony in Texas. Texas classifies marijuana concentrates as tetrahydracannibinol (THC) is classified as a controlled substance penalty group 2.
The classification of penalties for marijuana concentrate include:
- State Jail Felony: less than 1 gram is punishable by 6 months to 2 years in jail, and a fine up to $10,000.
- Third Degree Felony: 1 gram to 4 grams is punishable by 2-10 years in jail and a fine up to $10,000.
- Second Degree Felony: 4 grams to 400 grams is punishable by 2-20 years in jail and a fine up to $10,000.
- First Degree Felony: 400 grams or more is punishable by 10 - 99 years and a fine not to exceed $50,000.