One common question that we get, often from people who are in need of representation, is “is possession of marijuana a felony in Texas?”. Because of the national landscape’s rapid changes regarding marijuana legalization, many Texans are not sure what is and what is not okay when it comes to the world of cannabis.
In this state, fines and sentences for marijuana possession remain steep despite the ever-growing support for legalization. And depending on how much you are accused of possessing, getting caught with marijuana in Texas can be just as serious as any other drug charge.
Considering the constant legislative change, and with so many variations in legality by-product and weight, many people are asking questions like “what are the Texas weed laws these days?” Honestly, it’s becoming hard to keep track. What is permissible one day could constitute criminal possession of marijuana the next. The federal drug defense attorneys at Westfall Sellers are here to help you navigate the legislative turbulence and keep you updated with the current 2021 weed laws in Texas.
Charges for possessing marijuana in Texas
So, “how much weed is a felony?” In Texas, the severity of the charge depends on the weight of cannabis the offender has in their possession. Note that all felonies carry mandatory minimum prison sentences and that these harsh punishments only worsen for charges beyond personal possession.
The breakdown goes like this:
- Possession of 2 ounces or less is a class B misdemeanor that carries a maximum fine of $2,000 and a maximum jail sentence of 180 days.
- Possession of 2 – 4 ounces is a class A misdemeanor that carries a maximum fine of $4,000 and a maximum jail sentence of 1 year.
- Possession of 4 ounces – 5 pounds is a state jail felony that carries a maximum fine of $10,000 and a jail sentence of anywhere from 180 days – 2 years.
- Possession of 5 – 50 pounds is a third-degree felony that carries a maximum fine of $10,000 and a sentence of 2 – 10 years in prison.
- Possession of 50 – 2,000 pounds is a second-degree felony that carries a maximum fine of $10,000 and a sentence of 2 – 20 years in prison.
- Possession of >2,000 pounds is a first-degree felony that carries a maximum fine of $50,000 and a sentence of 5 – 99 years in prison.
Although possession of under 4 ounces of marijuana is a class A misdemeanor in Texas, this does not mean that it is okay to carry around up to 4 ounces of marijuana. Jail time is still readily handed out to individuals caught with lesser amounts, especially for repeat offenders.
If you’re facing any of the charges listed above, you’ll want to hire the best drug lawyer in Dallas. As mentioned, if convicted, the penalties for marijuana possession can be steep especially if combined with other charges.
Additional charges for marijuana possession
Those who find themselves arrested for marijuana possession may count themselves lucky that they haven’t been charged with intent to distribute, or that they left their concentrates at home. Hashish and other concentrated forms of THC are not considered to be marijuana, and possession of even one gram of these substances is enough to warrant a felony charge.
Even if the police are unable to find bags, scales, or inordinate amounts of cash on hand, they might incorrectly assign possession with intent to sell, which carries a much steeper set of fines and jail time than a normal possession case. These cases can be harder to defend than normal possession cases and require experienced drug trafficking lawyers.
Is marijuana legal in Texas in 2021?
Another frequently asked question we get is “is marijuana legal in Texas in 2021?” While marijuana is illegal in Texas, industrial hemp is legal to produce, manufacture, and sell – this means things like pre-rolled hemp joints, edibles, and even buds, are legal. You may have seen the banners being unfurled on every head shop in the state reading Delta 8 THC: a cousin of THC with similarly dubious legality.
Similarly, certain major Texas counties have begun issuing citations instead of arrests for simple marijuana possession, which leads to many false claims that marijuana is “legal” in these areas.
Know this: marijuana is still illegal in Texas in 2021, and whether you were arrested for marijuana possession or are facing federal drug charges, the best thing you can do to prove your innocence is to collaborate with representation that you can trust.
What to do if you’ve been arrested for marijuana
Here are some things that you can do to help should you be pulled over or stopped under suspicion of marijuana possession:
- Say as little as possible. You should comply with everything the officers require of you within your rights. Do not tell them anything that could possibly incriminate you. Innocent people can get themselves into trouble by saying the wrong thing at the wrong time.
- Know your rights. Most importantly, your right to remain silent, your right to be free from wrongful search and seizure, and your right to an attorney.
- Tell them you want to talk to your lawyer. And call the best marijuana defense attorney Fort Worth can offer.
Arrested for marijuana possession? The attorneys at Westfall Sellers can help.
So, is possession of marijuana a felony in Texas? It can be, but being arrested for marijuana possession does not guarantee a felony charge or a prison sentence. You can give yourself a chance with the right representation at your side. At Westfall Sellers, our attorney’s knowledge ranges from how to beat a possession case all the way to how to beat a drug conspiracy case. If you were charged with possession or trafficking, it is important to have the right lawyer by your side.
Get your case started on the right foot, contact us today to request a FREE consultation.
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