Penalties for Marijuana Possession in Texas

September 20, 2012 (Press-News.org) Penalties for Marijuana Possession in Texas

Penalties for drug possession in Texas are among the harshest in the country. In Texas, possession crimes come under the state's Controlled Substances Act. Prosecutors must show beyond a reasonable doubt that a defendant knowingly and intentionally possessed or had control over a drug. Penalties for drug possession can vary depending on the drug in question.

Marijuana possession is typically in an independent category known as a "Class B" misdemeanor. For possession of less than two ounces, it is punishable by up to 180 days in jail and a fine of up to $10,000. However, possession of between two and four ounces in considered a Class A misdemeanor. As the amount in question increases, the classification becomes more severe, rising to a felony over four ounces and third-degree felony over five pounds. Penalties max out at life in prison and up to a $50,000 fine, if the possessor has over 2,000 pounds of marijuana.

The penalty may also vary according to the manner in which the drug was concealed, possession of drug paraphernalia, and any past convictions for drug-related charges.

Defenses to Marijuana Possession

Those accused of drug possession, including marijuana, may have defenses against the charges. First, a conviction for possession requires that the accused have knowledge of his or her possession of the drug. If the accused did not know the drug was in the car or home, he or she may not be guilty. In addition, if the drug was was not intended for human consumption, the accused may be innocent. Finally, the accused may be innocent if there is an insufficient amount of the drug to sustain a conviction.

In addition, law enforcement must observe constitutional protections. For example, police must have probable cause in order to search and seize illegal contraband. Probable cause means the police must have reasonable grounds that there is evidence connected to a crime and generally must first obtain a warrant, although there are exceptions to this rule. If evidence, such as an illegal drug, is obtained in violation of an accused person's constitutional rights, all of that evidence is inadmissible in court.

Those accused of possession of marijuana should contact an experience defense attorney to explain their legal options and possible defenses to the charges.

Article provided by Jim Ross & Associates, P.C.
Visit us at http://www.jimrosscriminallaw.com