Marihuana, cannabis, reefer, pot, ganja, green – its STILL illegal under Texas law to possess, deliver, or cultivate marijuana. Marijuana offenses are one of the most common crimes that people are arrested for in Texas. Possession of marijuana is still prosecuted in certain areas of Texas as well. LeGrande Law has gotten dozens of Texas marijuana offenses dismissed. Attorney Tristan LeGrande also has over 11 years experience defending marijuana crimes. Possession of any detectable amount of THC is a felony in Texas. Amazingly, some counties in Texas still prosecute these cases zealously. Marijuana and THC possession Laws are very serious and should not be taken too lightly.
Marijuana / THC Possession Laws – In the state of Texas, Possession of marijuana IS STILL SERIOUS.
To prove possession, the State of Texas must prove beyond a reasonable doubt that you “intentionally” and “knowingly,” had “actual care, custody, control, or management” of the marijuana.
To WIN drug marijuana possession cases requires skill, experience, and the ability to assert defenses and suppression issues to the Court (due to the stop, search, or arrest being unconstitutional).
Possession of Marijuana (Marihuana)
It is an offense to Knowingly or Intentionally possess a usable quantity of “marihuana”…
- Possession of 2 ounces or less: Class B Misdemeanor.*
- Possession of 4 ounces or less but more than 2 ounces: Class A misdemeanor.*
- Possession of 5 pounds or less but more than 4 ounces: State Jail Felony.*
- Possession of 50 pounds or less but more than 5 pounds: 3rd Degree Felony.*
- Possession of 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.*
- Possession of More than 2,000 pounds: 5 to 99 years, or life, and a fine up to $50,000.
Delivery of Marijuana (Marihuana)
For an allegation of “delivery” of a Marijuana, “delivery” simply means the act of delivering.
It is an offense to Knowingly or Intentionally deliver “marihuana”…
- Delivery of 1/4 an ounces or less (and the person does not receive remuneration): a Class B Misdemeanor.*
- Delivery of 1/4 an ounce or less (and the person DOES receive remuneration): Class A misdemeanor.*
- Delivery of 5 pounds or less but more than 1/4 ounce: State Jail Felony.*
- Delivery of 50 pounds or less but more than 5 pounds: 2nd Degree Felony.*
- Delivery of 2,000 pounds or less but more than 50 pounds: 1st Degree Felony.*
- Delivery of More than 2,000 pounds: 10 to 99 years, or life, and a fine up to $50,000.
AT LEGRANDE LAW WE WIN MARIJUANA – THC POSSESSION CASES
Marijuana (THC) Possession of Concentrates
The laws in Texas treat concentrated THC different than flower Marijuana, and designated THC concentrate a felony under TX law
[Penalty group 2 of Section 481 of the Texas Health and Safety Code].
Contrast the law for THC concentrates as a controlled substance with possession of up flower marijuana. where you can possess up to a quarter of a pound of marijuana (up to four ounces) before it becomes a felony.
It is an offense to knowingly or intentionally possess…
- Less than one gram: State Jail Felony.*
- 1 to 4 grams: 3rd Degree Felony.*
- 4 to 400 grams: 2nd Degree Felony.*
- More than 400 grams: 1st Degree Felony.
Manufacture, Marijuana THC Possession, Delivery
with Intent to Deliver Marijuana Concentrates (THC):
It is an offense to knowingly manufacture, deliver, or possesses with intent to deliver…
- Less than one gram: State Jail Felony.*
- 1 to 4 grams: 2nd Degree Felony.*
- 4 to 400 grams: 1st Degree Felony.*
- More than 400 grams: 10 to 99 yrs or life in TDCJ, and a fine not to exceed $100,000.
The Legal Status of Marijuana in Texas
Marijuana offenses are prosecuted differently from County to County in Texas. If your vehicle is stopped and Marijuana is discovered, some counties do not pursue criminal charges unless a person has a felony amount of Marijuana (more than four ounces), the person is also carrying a weapon, or, is committing another offense (like DWI for example).
Marijuana concentrate cases are unique among controlled substance offenses. THC Concentrate possession or delivery cases are treated differently by District Attorney’s around the state – do not be misled into believing you will be imprisoned for decades over half an ounce of THC concentrate (even if the punishment range for that offense authorizes it).
If a traffic stop is illegal, or if the search of your person or property is illegal, LeGrande Law may be able to suppress the evidence at trial. Also, many counties have diversion programs for these types of offenses.
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PUNISHMENTS
- Class B Misdemeanor = up to 6 months county jail, and a fine up to $2,000.
- Class A Misdemeanor = up to 1 year county jail, and a fine up to $4,000.
- State Jail Felony = 6 months to 2 years in a State Jail Facility, and a fine not to exceed $10,000.
- 3rd Degree Felony = 2 to 10 years in the institutional division of the Texas Department of Criminal Justice, & a fine not to exceed $10,000.
- 2nd Degree Felony = 2 to 20 years in the institutional division of the Texas Department of Criminal Justice, & a fine not to exceed $10,000.
- 1st Degree Felony = 5 to 99 years, or life in the institutional division of the Texas Department of Criminal Justice, & a fine not to exceed $10,000.
ARRESTED FOR MARIJUANA CONCENTRATE (THC) OR MARIJUANA/THC POSSESSION? — Call LeGrande Law today to find out your options!
If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.
Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!
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