Texas boasts some of the nation’s most rigid marijuana laws. As the United States grapples with shifting attitudes towards cannabis, the Lone Star State maintains its strict stance on marijuana possession and distribution. Whether you’re a Texan looking to stay on the right side of the law or a curious visitor, understanding these regulations is vital to navigating the legal landscape.
At Mary E. Conn & Associates, our team is dedicated to upholding your rights and ensuring that you have the legal guidance and representation you deserve. Our experienced attorneys are well-versed in Texas’s complex legal terrain in order to provide you with the support and expertise needed to navigate your situation. Call us today to schedule a consultation and take the first step toward protecting your freedom and rights.
Charges for Marijuana Possession in Texas
In Texas, the penalties for marijuana possession are categorized based on the quantity of marijuana in possession. To determine the potential felony charges, you need to know the threshold amounts established by Texas law. Here’s a breakdown of the classification:
- Class B Misdemeanor: Possession of two ounces or less of marijuana is classified as a Class B misdemeanor in Texas. Penalties for this offense can include up to 180 days in jail and fines of up to $2,000.
- Class A Misdemeanor: Possession of two to four ounces of marijuana is considered a Class A misdemeanor. The penalties can include up to one year in jail and fines of up to $4,000.
- State Jail Felony: If you are caught with four ounces to five pounds of marijuana, it is considered a state jail felony. This charge can result in 180 days to 2 years in a state jail facility and fines of up to $10,000.
- Third-Degree Felony: Possession of 5 to 50 pounds of marijuana is classified as a third-degree felony. This carries a sentence of 2 to 10 years in prison and fines of up to $10,000.
- Second-Degree Felony: Possessing 50 to 2,000 pounds of marijuana is categorized as a second-degree felony, punishable by 2 to 20 years in prison and fines of up to $10,000.
- First-Degree Felony: Possession of more than 2,000 pounds of marijuana is a first-degree felony in Texas. This is a very serious offense, carrying a potential sentence of 5 years to life in prison and fines of up to $50,000.
It’s important to note that these penalties can vary based on factors such as prior convictions, intent to distribute, and proximity to certain locations like schools or drug-free zones.
What Amount of THC is Considered a Felony?
In recent years, the widespread popularity of products containing THC, such as oils, waxes, and edibles, has increased. These products often boast higher levels of THC compared to traditional marijuana plants. While the use of THC concentrates and extracts is accepted in some states with legalized recreational marijuana, it’s important to understand that possessing or using these potent forms of THC remains illegal in Texas.
Under the Texas Controlled Substances Act, THC is classified under Penalty Group 2. This categorization has significant implications for the legal consequences individuals may face when caught in possession of THC concentrates or extracts as all charges are considered felonies. The quantity of the substance involved determines the charges, which can include the following:
- Possession of less than one gram: This offense is categorized as a state jail felony. State jail felonies in Texas can still result in severe penalties, including incarceration and fines.
- Possession of between one and four grams: This offense is considered a third-degree felony. The consequences escalate as the quantity increases, with more substantial fines and longer prison sentences.
- Possession of between four and 400 grams: Possessing between four and 400 grams of THC is classified as a second-degree felony. Second-degree felonies carry more severe penalties than third-degree felonies and can significantly impact an individual’s life.
- Possession of more than 400 grams: If you are caught with more than 400 grams of THC concentrates or extracts, you will face a felony offense. The potential consequences include a prison sentence ranging from five to 99 years and fines of up to $50,000.
It’s important to note that when it comes to the penalties for THC concentrates and extracts in Texas, the charges are determined by the aggregate weight of the substances containing THC. This means that all components of the product are considered, not just the THC itself. For instance, if you are found with a package of gummies weighing more than four grams, you could be subject to second-degree felony charges, even if the actual amount of THC in the product is relatively small.
Contact an Experienced Marijuana Defense Attorney
Texas’s marijuana laws remain some of the most stringent in the United States, with relatively low thresholds for felony charges. So, if you find yourself facing legal challenges related to marijuana in Texas, whether it’s possession, distribution, or other charges, remember that you don’t have to face them alone.
The experienced attorneys at Mary E. Conn & Associates are here to provide you with the support and guidance you need. Our team understands the complexities of Texas’s legal system and is dedicated to helping protect your rights and freedom. Don’t wait; act now to protect your rights and future by calling us at (713) 357-4190 or completing our online contact form.