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Possession of Marijuana

Possession of Marijuana

While possession of marijuana is growing increasingly decriminalized across the United States, it is still prosecuted harshly in Texas. Possession of marijuana (also known as cannabis, weed, pot, or marihuana) can bring a host of penalties, including incarceration, fines, or community service.

In addition to the penalties that can be announced by the court at sentencing many indirect consequences can last long after the case is resolved. A misdemeanor or felony marijuana offense can have an effect on employment, housing, and even educational opportunities.

Remember: if you have been charged with possession of marijuana, you are not automatically guilty of the crime. An experienced criminal defense attorney will examine every aspect of your case, from arrest to the investigation, to find instances where proper procedure was not followed or where your constitutional rights were violated.

Houston Possession of Marijuana Attorney

Matt Horak has defended the rights of men, women, and youth in Houston who have faced possession of marijuana charges. Matt is also a member of NORML and works towards responsible marijuana law reform. His experience as a former Harris County Assistant District Attorney, where he helped prosecute many criminal offenses, has also proven an asset for his clients.

If you’ve been charged with a charge of possession of marijuana in Houston, contact Horak Law. Matt Horak will help you understand your charges, analyze your unique situation, and build a solid defense for your future. Call (713) 225-8000 to learn more about your legal options during an in-depth consultation.

Matt Horak is dedicated to defending the rights of individuals charged with possession of marijuana in Harris County, Montgomery County, Fort Bend County, Brazoria County, and Galveston County.

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Penalties for Possession of Marijuana in Texas

An individual must knowingly and intentionally possess an amount of marijuana that is usable to be convicted for possession of marijuana. Punishment for possession of marijuana is divided up by the weight of the cannabis.  These offenses are categorized as follows:

Class B Misdemeanor

2 ounces or less

up to 180 days in jail

up to $2000

Class A Misdemeanor

2 to 4 ounces

up to 1 year in prison

up to $4000

State Jail Felony

4 ounces to 5 pounds

180 days to 2 years

up to $10,000

3rd Degree Felony

5 to 50 pounds

2 to 10 years

up to $10,000

2nd Degree Felony

50 to 2,000 pounds

2 to 10 years

up to $10,000

1st Degree Felony

2,000 or more pounds

5 to 99 years or life

up to $50,000

Please note that these are only general guidelines for sentencing. The circumstances of your alleged crime and previous criminal records may also be used as a determining factor for sentencing. Additionally, if you have no prior felony convictions, the judge must give a sentence for probation with mandatory drug treatment.

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Common Defenses for Possession of Marijuana Charges

An arrest for a marijuana charge does not automatically indicate guilt. In fact, there are many defenses that your attorney may explore to help have your case dismissed or reduced to a lesser offense. This includes:

  • Illegal search of your person, home, vehicle, or property
  • Failure of the arresting officer to read your Miranda rights
  • Lack of evidence
  • Lack of intent
  • Entrapment
  • Mistaken identity
  • Valid alibi
  • And other constitutional violations

There are other avenues that your attorney can use to defend you against a charge for possession of marijuana. Your attorney may explore additional proactive tactics for your defense, including pursuing a Motion to Dismiss or a Motion to Suppress Illegally Obtained Evidence.

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Horak Law | Houston Possession of Marijuana Lawyer

Even if you have only been charged with a misdemeanor offense for possession of marijuana in Houston, you should strongly consider your legal options. It may not seem like a serious offense, with a relatively small fine and jail sentence, but it can have many other consequences on your future.

Contact Houston criminal defense attorney Matt Horak for a no-obligation consultation about your legal options. During your consultation, he will help you understand the charges you face and closely examine the details surrounding your case. Call (713) 225-8000 to begin building a solid defense against your charge of possession of marijuana.

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