Texas Marijuana Possession Penalties Explained

What are the penalties for marijuana possession? When is possession a felony? Learn more from the criminal defense lawyers at Scott H. Palmer, P.C.

2012-10-25

October 25, 2012 (Press-News.org) In Texas, marijuana offenses are classified differently than the four other drug classes in the criminal code. Depending on the amount of marijuana in possession, prosecutors in Texas can charge accused individuals with a Class B misdemeanor all the way up to a second-degree felony.

How Texas Defines Marijuana Possession

In Texas, a person must "knowingly and intentionally" possess a useable quantity of marijuana to be accused of an offense. This means that those charged with marijuana possession may be able to prove their innocence by providing evidence that they did not have knowledge they were in possession of the drug or that the amount of the drug found in their possession was insufficient.

Marijuana Possession Penalties by Offense Class

The charges that someone can face for marijuana possession depend on the amount of the drug found on him or her. If a person is in possession of two or less ounces of marijuana, he or she can be charged with a Class B misdemeanor, the most lenient charge of all marijuana possession offenses. A Class B misdemeanor carries penalties up to 180 days in jail and/or $2,000 in fines. Individuals may be charged with a Class A misdemeanor if they possess between two and four ounces of marijuana. A Class A misdemeanor also carries up to 180 days in jail, but the fine is increased to $4,000.

Possession of more than four ounces of marijuana is considered a felony. Potential penalties for a felony crime include:
- Possession of four ounces to five pounds:State jail felony - Up to two years in jail and $10,000 in fines
- Possession of five to 50 pounds: Third-degree felony - Between two and 10 years in jail and up to $10,000 in fines
- Possession of 50 to 2,000 pounds:Second-degree felony - Between two and 20 years in prison and up to $10,000 in fines
- Possession of more than 2,000 pounds: Enhanced penalties - Between five and 99 years in prison and up to $50,000 in fines

Texas has some of the toughest drug laws in the country. As you can see, even those with negligible amounts of marijuana in their possession face jail time and thousands of dollars in fines. These penalties make it all the more important to hire an experienced criminal defense lawyer if you or a loved one has been accused of marijuana possession.

Article provided by Scott H. Palmer P.C.
Visit us at www.scottpalmerlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Drive Friendly, Drive Safe: Texas Refocuses its Motto on Safety

2012-10-25

"Drive Friendly, Drive Safe." This past summer, the Texas Department of Transportation enhanced its former motto "drive friendly" to add an additional official emphasis on safe driving in its ongoing effort to bring down the number of motor-vehicle accidents and fatalities in the state. In its campaign, TxDOT specifically hopes to raise awareness of important driving behaviors that impact road safety including: - The need for drivers to be particularly alert for pedestrians and bicyclists - The importance for motorists to be careful in highway ...

Deferred Action Roll-Out Brings Deportation Relief for Young Immigrants

2012-10-25

For immigrants in the United States who are concerned about deportation and removal, recent news regarding the Deferred Action for Childhood Arrivals (DACA) program is a welcome development. While Congress has never managed to pass the DREAM Act, the current administration has taken executive action to implement a new policy that benefits young immigrants who moved to the U.S. when they were children. DACA began on August 15, 2012, as an answer to Congressional lethargy on immigration reform and its repeated failure to pass the DREAM Act. The administrative policy reform ...

Minority Shareholder Ownership After Divorce

2012-10-25

Dividing complex property during divorce -- such as businesses and stock interests -- can be challenging. There are many factors to consider, such as the past, current and future value of the property, the economic value of intangible assets and the challenges that owning the property can pose. This last concern is one that many people going through a Texas divorce do not fully consider. How can you ensure that the assets you receive will not become a nuisance in the future? One example of property that must be handled carefully during divorce is stock interests; namely, ...

Fatal Crash Shows Virginia's Anti-Texting Law Needs Updating

2012-10-25

There is no question that distracted driving is a major problem, both in Virginia and throughout the United States. According to the National Highway Traffic Safety Administration, distracted driving accidents killed 3,000 people and injured another 419,000 in 2010 alone. The risk of a serious car accident is especially high when a motorist decides to send or read text messages while driving. Indeed, a 2009 study by researchers at Virginia Tech showed that texting while driving makes a driver 23 times more likely to become involved in an accident. That same study found ...

Divorce and Business Ownership: How to Divide the Property in West Virginia

2012-10-25

When a couple is going through a divorce, it is not uncommon for many complicated issues to arise. Child custody and property division are just a few of the challenges that can make a divorce more contentious, leading to lengthy and expensive court battles. Often, this can take a serious emotional toll on all parties, leading to people making bad decisions just to finalize the divorce. West Virginia, like many other states, calls for an equitable division of marital property as part of a divorce. This means that whatever property division that is ultimately determined ...

New Study Reveals High Fall Rate Among New Nursing Home Residents

2012-10-25

A study published this summer in the Journal of the American Geriatrics Society found that one in five new nursing home residents fall in their first month of residency. Many of these accidents are preventable, caused by negligence on the part of the nursing home or its staff. The New Nursing Home Fall Study Researchers found that 21 percent of 230,000 residents studied had experienced at least one fall within the first 30 days of their admittance to one of the 10,000 nursing homes included in the data. The study concluded that hiring more staff, especially certified ...

More Than $775 Billion Generated by Immigrant-Owned Business Activity

2012-10-25

A recent report from the Partnership for a New American Economy, a bipartisan group of mayors and business leaders that promotes the economic benefits of sensible immigration reform, details the extensive benefits that the U.S. economy gains from businesses owned by immigrants. New York City Mayor Michael Bloomberg, who co-founded the group, has called for extensions of visa laws to minimize obstacles for everyone from highly educated medical and technical workers to low-wage and seasonal farm laborers and allow them to more easily participate in the U.S. economy. The ...

Divorce and Social Media Are a Bad Combination

2012-10-25

In the heat of a nasty divorce, it may be tempting to let off some steam by trashing your soon-to-be ex-spouse on Facebook or Twitter. You might call him "a deadbeat dad" or her "a drunk." Sure it felt good in the moment and got a few laughs from your friends, but what will the judge handling your divorce think? Even harmless posts about a boys' night out or vacation photos may be used against you as social media is playing a starring role in divorce cases throughout the country. In a 2010 survey of members of the American Academy of Matrimonial Lawyers, ...

Who Is To Blame For a Car Accident When No One Was Driving?

2012-10-25

Self-driving cars may be on the horizon for ordinary California drivers -- a dramatic change that could prevent motor vehicle accidents and make exhausting daily commutes more efficient. But before drivers switch to the "passenger" seat, governments and courts will likely need to grapple with legal issues, including liability for car accidents involving autonomous cars. Autonomous Cars Are Already In Development With refinements and advancements in technology, auto experts say that self-driving vehicles could safely navigate California roads within a matter ...

Atlanta Exterminator North Fulton Pest Solutions Discusses the Importance of Wildlife Exclusion

2012-10-25

The changing leaves and earlier sunset let us know that fall is approaching even if the thermometer is still reading hot, hot, hot! But North Fulton Pest Solutions knows that summer can become winter in what seems like the blink of an eye. The wildlife that you enjoyed watching all summer knows it too. As the weather gets cooler, squirrels, raccoons, opossums and more will be looking for a nice warm place to spend the winter and your home might be inviting them in. Atlanta exterminators North Fulton Pest Solutions can help keep them where they belong: in the great outdoors. Wildlife ...

LAST 30 PRESS RELEASES:

CMD-OPT model enables the discovery of a potent and selective RIPK2 inhibitor as preclinical candidate for the treatment of acute liver injury

Melatonin receptor 1a alleviates sleep fragmentation-aggravated testicular injury in T2DM by suppression of TAB1/TAK1 complex through FGFR1

Single-cell RNA sequencing reveals Shen-Bai-Jie-Du decoction retards colorectal tumorigenesis by regulating the TMEM131–TNF signaling pathway-mediated differentiation of immunosuppressive dendritic ce