In recent years, laws in Texas regarding cannabis, hemp, and other drugs have changed rapidly. These Federal, state, and county law changes confuse many Texans regarding what can and cannot be possessed and used.
Most “hard” drugs, either prescription (without proper authorization) or illegal (such as heroin, etc.), are widely known to present severe legal consequences if found in your possession. Most confusion revolves around cannabis (marijuana), CBD, and even hemp.
Marijuana is still classified as a controlled substance at the federal and state levels. However, around the country, laws regarding marijuana are loosening up, but Texas still takes a relatively “hard” stance on marijuana use, possession, and plant growth.
Some clarification of the Texas laws pertaining to Marijuana are:
- The possession, distribution, production, growing, and sale of recreational marijuana are strictly illegal in Texas.
- Medical marijuana has recently been made legal, but Texas has a highly restricted program for its use, and patients only have access to products with low-THC – (1%) cannabis oil.
- The Texas legal penalties for marijuana possession are severe. They range from a class C misdemeanor to a class A felony.
- In specific counties, such as Dallas, Plano, and El Paso, possession of marijuana has been decriminalized, and penalties have been lessened.
- Hemp-derived delta 8 THC and CBD products are legal in Texas as long as they contain no more than 0.3% delta 9 THC
Overall, excluding medical marijuana (if restrictive laws are followed), the recreational use of marijuana is illegal. Texas law classifies marijuana as a Schedule I drug under the Texas Controlled Substances Act.
So, in general, Texas laws align with the federal regulations on marijuana. This means that the use, possession, sale, distribution, and production of marijuana for recreational use is prohibited and criminalized.
For the Texas courts, the police, and the citizens of Texas, the changing marijuana laws present an ongoing problem. This often results in questionable arrests and encounters with the law. If you have been arrested for possession of an illegal drug, especially marijuana, you need to consult with a qualified Plano criminal defense lawyer immediately.
Your lawyer is knowledgeable concerning all the changing drug laws in Texas; get ahead of your charge, professionally present your case, and ensure your rights are protected.
What are Examples of Penalties for Marijuana Possession in Texas?
You must note that Texas marijuana possession laws are some of the harshest in the U.S. If you are caught with just two ounces or less of marijuana, it’s considered a class B misdemeanor. This is punishable by up to 180 days in jail and a $2,000 fine. Also, the charge and conviction will permanently remain on your record.
Possession of four ounces of marijuana is usually a class A misdemeanor. Here, you can spend up to one year in prison and be fined up to $10,000.
If you’re apprehended with larger quantities of marijuana (especially if suspected of selling the product), it’s considered a felony. Here, the mandatory minimum sentence is five years, and a maximum of ninety-nine years in prison.
You begin to see that the Texas marijuana laws impose life-changing penalties, and if charged, you must get professional legal help as soon as possible. Your Collin County criminal defense lawyer will attempt to get ahead of your charge and ensure that the current marijuana laws were acknowledged and enforced correctly and that all your civil rights were excellently protected.
How Can I Effectively Combat a Marijuana Charge in Texas?
Whether it’s possession, use, or intent to sell, if your charge involves Marijuana, you should never take it lightly. You could be in a dire situation, and it should be treated as such.
The first thing to do is consult with and retain a professional, qualified, and reputable Plano criminal defense attorney. A lawyer who specializes in fighting misdemeanor and felony drug charges.
For your protection, this should be done as soon as possible. Don’t hesitate, as your lawyer can best help you by having the maximum time to plan your defense.
You may believe that the Texas criminal justice system moves slowly, but your case could be scheduled and heard quickly once you are indicted.
Your thorough, detail-oriented law team will work hard to draft the best defense strategy possible.
You should consult with a criminal defense lawyer as soon as you post bail (if you can get bail), and never wait until you’re indicted, or you’ll lose precious planning time.
What Are Some Examples of Defense Strategies My Lawyer May Use?
If you’re facing a misdemeanor or felony Marijuana charge, there are multiple defense strategies that your lawyer may use. However, it’s important to note that every marijuana charge is unique, and your lawyer will approach it that way.
It’s also vital to note that the state’s prosecution must prove every point in their case “beyond a reasonable doubt.” Your criminal defense law team often will argue that they have failed to do so successfully and point out this fact decisively.
Your Collin defense lawyer will argue that the search conducted by the police was illegally done and that there wasn’t reasonable suspicion to search either your vehicle or you. This argument stands that your Fourth Amendment rights were violated, so any evidence obtained during the search cannot be used in your prosecution.
In many Texas marijuana arrests, procedural errors take place. For example, the police failed to “Mirandize” you properly, or you were denied the right to an attorney. In both instances, your case would be dismissed.
Timelines are also vital to your defense. If the Texas prosecution doesn’t adhere to extremely critical timelines before and during your trial, your experienced criminal defense law team will assuredly make the court aware of it.
Strictly depending on the unique details inherent in your case, your criminal defense lawyer will fight to mount a well-drafted, thorough, and winning defense to help ensure you retain your freedom.
I May Be Facing a Marijuana Charge in Texas; How Should I Proceed?
First and foremost, remember that Texas imposes some of the country’s most severe penalties for marijuana charges and convictions! Never take any charge lightly; immediately get experienced, practical, and aggressive legal guidance.
When you’re facing a misdemeanor (or worse) felony drug charge in Texas, you’re living in a nightmare, and your life and freedom are usually on the line.
The good news is you don’t have to go through this alone.
As soon as possible, consult with a Plano criminal defense lawyer and get someone on your side who will aggressively fight your charges, fight for your rights, and fight to avoid your conviction.
