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

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