August 18, 2017

Marijuana Charges

TEXAS MARIJUANA CHARGES

If you have been arrested for possessing or delivering marijuana you could be facing serious consequences. A conviction for a marijuana charge can have lasting consequences, impacting your future career, and educational opportunities. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

Legal Definition of Marijuana: Chapter 17 of the Texas Health & Safety Code § 481.002 defines Marijuana as the plant Cannabis sativa L., whether it is growing or not, the seeds of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The following are not considered Marijuana under Texas law:

  • The resin extracted from a part of the plant or a compound, manufacture salt, derivate, mixture, or preparation of the resin
  • The mature stalks of the plant or fiber produced from the stalks
  • Oil or cake made from the seeds of the plant
  • A compound, manufacture, salt, derivative mixture, or preparation of the mature stalks, fiber, oil, or cake
  • The sterilized seeds of the plant that are incapable of beginning germination

POSSESSION OF MARIJUANA

PUNISHMENT
Weight Classification Punishment
< 2 ounces Class B Misdemeanor Sentence: Up to 180 days in county jail
Fine:
Up to $2,000
2 – less than 4 ounces Class A Misdemeanor Sentence: Up to 1 year in county jail
Fine: Up to $4,000
4 ounces – less than 5 pound

State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

5 – less than 50 pounds

Third-Degree Felony Sentence: 2 – 10 years in state prison
Fine: Up to $10,000
50 – less than 2,000 pounds Second-Degree Felony Sentence: 2 – 20 years in state prison
Fine: Up to $10,000
2,000 + pounds Enhanced-First Degree Felony Sentence: 5-99 years in state prison
Fine: Up to $50,000

DELIVERY OF MARIJUANA

PUNISHMENT
Weight Classification Punishment
< ¼ ounce, given, not for payment Class B Misdemeanor Sentence: Up to 180 days in county jail
Fine:
Up to $2,000
< ¼ ounce, for payment Class A Misdemeanor Sentence: Up to 1 year in county jail
Fine: Up to $4,000
¼ ounce – less than 5 pounds State Jail Felony Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000
5 – less than 50 pounds Second-Degree Felony Sentence: 2 – 20 years in state prison
Fine: Up to $10,000
50 – less than 2,000 pounds First-Degree Felony Sentence: 5-99 years in state prison
Fine: Up to $10,000
2,000 + pounds Enhanced-First Degree Felony Sentence: 10-99 years in state prison
Fine: Up to $100,000

LICENSE SUSPENSION

In Texas, your license can be suspended for up to 6 months following a drug conviction.


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.


Brittany Carroll Lacayo, Houston Criminal Defense Attorney Areas of Practice
DUI/DWI/Drunk Driving Defense Illegal Drug Charges Defense Marijuana Charges Defense
Meth Charges Defense Violation of Probation Charges Defense Assault Charges Defense
Domestic Violence Charges Defense Clear Your Record/Expunge Your Record Criminal Mischief Charges Defense