Texas maintains a steady approach to the possession, sale, and cultivation of weed or marijuana. The state is known for its stringent laws and conservative stance on drug enforcement. Texas classifies marijuana under specific penalty groups, which dictate the severity of charges based on possession, sale, or cultivation. These classifications, coupled with varying degrees of felony charges, underscore the strict enforcement measures across the state.
An experienced criminal defense attorney can shed light on what constitutes a felony offense regarding cannabis possession, the penalties associated with different quantities, and the broader implications for individuals concerned with the legal complexities of marijuana possession and use.
What is Classified as “Weed” in Texas?
In Texas, “weed” typically refers to marijuana, which is classified under the Texas Controlled Substances Act. Marijuana is considered a Schedule I substance. This classification encompasses various forms of the cannabis plant and its derivatives, including marijuana flowers (bud), concentrates (such as hashish), and products containing THC (tetrahydrocannabinol), the psychoactive component of cannabis.
Therefore, any form of cannabis, including its extracts and products with THC, falls under the legal definition of “weed” in Texas and is subject to state laws governing its possession, sale, and use. Possession of marijuana in Texas is defined as knowingly or intentionally having a usable amount of marijuana, as specified under Section §481.121 of the Texas Health and Safety Code.
Laws Surrounding Possession, Sale, and Cultivation of Weed in Texas
Marijuana is classified under Penalty Group 2 in Texas, alongside hallucinogens and certain stimulants. In 2023, the House Criminal Jurisprudence Committee passed a measure that removed the risk of jail time for low-level possession of cannabis. A month later, on demand by Texas voters, the Texas House passed Moody’s legislation, setting it up for final passage. However, several Texas prosecutors have vehemently opposed the various bills aimed at decriminalizing marijuana.
The possession, sale, and cultivation of weed is still not legal under Texas laws. These are the various penalties surrounding illegal marijuana-related offenses:
Possession of Marijuana
These are the punishment and penalties listed under marijuana possession laws in Texas:
- Class B Misdemeanor: Marijuana possession statewide of 2 ounces or less is a Class B misdemeanor, punishable by up to 180 days in jail. There is also a maximum $2,000 remuneration misdemeanor fine.
- Class A Misdemeanor: Possession of more than 2 ounces up to 4 ounces is a Class A misdemeanor. This misdemeanor, punishable with penalties of up to 1 year in jail and a fine up to $4,000, warrants immediate legal assistance.
- State Jail Felony: Possession of more than 4 ounces up to 5 pounds is a minor felony, carrying a mandatory minimum sentence of 180 days up to 2 years in jail, plus a fine not exceeding $10,000.
- Third-Degree Felony: Possession of over 5 pounds up to 50 pounds escalates to a third-degree felony, with mandatory imprisonment of 2 years to 10 years by the Texas Department of Criminal Justice, plus a fine up to $10,000.
- Felony: A Texas marijuana felony is possession of more than 2,000 pounds. Felony weed possession in Texas is punishable by a mandatory minimum sentence of 5 to 99 years in prison, with a fine not exceeding $50,000.
Sale and Distribution of Weed
- Class B Misdemeanors: Distributing 7 grams or less of marijuana for no remuneration is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor: Selling 7 grams or less for remuneration is a Class A misdemeanor, with penalties of up to 1 year in jail. There is also a fine of up to $4,000 for selling marijuana of this quantity as per the legal system.
- State Jail Felony: Sale of more than 7 grams up to 5 pounds is a state jail felony, carrying a mandatory minimum sentence of 180 days to 2 years in jail, plus a fine not exceeding $10,000.
- Second-Degree Felony: Sale of more than 5 pounds up to 50 pounds escalates to a Second Degree felony, with mandatory imprisonment of 2 years. The maximum sentence for marijuana arrests and conviction for this type of felony is up to 20 years, plus a fine up to $10,000.
- First-Degree Felony: Sale of more than 50 pounds up to 2,000 pounds is a First Degree felony punishable by a mandatory minimum sentence of 5 years to life imprisonment, plus a fine up to $10,000.
- Felony: Sale of more than 2,000 pounds is a state jail felony punishable by a mandatory minimum sentence of 10 years to life imprisonment, with a fine up to $100,000.
Primary or secondary schools are drug-free zones across Texas. If you are caught even with less than two ounces, it may attract a criminal penalty under the Texas legislature.
Cultivation of Marijuana
Cultivation penalties in Texas are based on the aggregate weight of the plants found. They follow similar guidelines as Texas drug possession penalties. Speak to an attorney immediately if you are arrested by law enforcement agencies on charges of cultivation.
Possession of drug paraphernalia, such as marijuana seeds, pipes, or grinders is classified as a Class C misdemeanor attracting a fine of $500 and no jail time. Any apparatus used for developing hashish or any other type of concentrate is also considered drug paraphernalia.
Further penalty details for weed and other drug crimes can be obtained by consulting an experienced criminal defense attorney.
Difference Between Weed and Hemp
Section 443.201 of the Health and Safety Code adopts the Agriculture Code’s definition of legal hemp. Hemp refers to the cannabis plant and its derivatives that contain no more than 0.3% THC (tetrahydrocannabinol) concentration on a dry weight basis. This definition aligns with federal guidelines set by the Agriculture Improvement Act of 2018, commonly known as the Farm Bill. Hemp is distinct from marijuana primarily due to its lower THC content, which does not produce the psychoactive effects associated with marijuana.
How Does Texas Compare to Other States in Terms of Marijuana Laws?
Texas maintains a conservative stance on marijuana laws compared to the progressive reforms seen in many other states. Marijuana is illegal for recreational use in Texas. An ounce or less can attract a fine of $2,000 and a jail term not exceeding 180 days. Medical use is restricted to low-THC cannabis for specific medical conditions. In comparison, several states have legalized recreational marijuana, including Colorado, California, Oregon, Washington, and others. Many more have legalized medical marijuana with broader qualifying conditions.
In fact, states like California and Colorado have decriminalized possession of small amounts or legalized it entirely, imposing civil fines rather than criminal penalties. The sale and cultivation of marijuana are strictly prohibited, with severe felony charges and mandatory minimum sentences for large quantities. In states where marijuana is legal, regulated sales and cultivation are permitted under state law, subject to licensing and regulatory requirements.
While public opinion on marijuana legalization has been shifting, with growing support for medical and even recreational use among Texans, legislative changes have been slow. Strict marijuana laws contribute to high arrest rates and incarceration rates for drug offenses.
Life-Altering Consequences of Felony Marijuana Possession
Legal and Immediate Consequences
Permanent Criminal Records
A felony conviction for marijuana possession results in a permanent criminal record. This record can be accessed by employers, landlords, and the public, impacting future opportunities.
Sentencing and Penalties
Felony possession of marijuana can lead to significant prison sentences, depending on the quantity and circumstances. Mandatory minimum sentences may apply, ranging from several years to life imprisonment for larger quantities.
Financial Penalties
Fines associated with felony convictions for marijuana possession can be substantial, potentially reaching tens of thousands of dollars. These financial penalties can cause long-term financial strain and affect personal finances for years.
Professional Consequences
Employment Opportunities
Many employers conduct background checks and a felony conviction can disqualify individuals from certain job opportunities. Industries requiring security clearances or positions involving fiduciary responsibility may be particularly restrictive.
Professional Licenses
Certain professions, such as healthcare, legal services, and education, may deny or revoke licenses based on felony convictions. This limits career advancement and may require individuals to pursue alternative career paths.
Career Advancement
Felony convictions can hinder career advancement, impacting promotions and job stability. Restrictions on employment opportunities may force individuals into lower-paying jobs or industries outside their skillset.
Impact on Personal Life
Social Stigma
Individuals with felony convictions often face social stigma and may experience strained personal relationships. Reintegrating into society post-incarceration can be challenging due to societal perceptions and discrimination.
Loss of Rights
Felony convictions may result in the loss of certain civil rights, such as the right to vote or own firearms. While some rights can be restored after completing the sentence, restrictions may persist in certain states.
Financial Stability
Legal fees, fines, and loss of income during incarceration can lead to financial instability. Rebuilding financial stability post-conviction will require significant effort on your part, including finding stable employment and managing debt.
Driver’s License Suspensions Following a Weed Possession Conviction in Texas
According to the Texas Transportation Code Section 521.372, an automatic driver’s license suspension is levied upon final conviction for a drug offense under the Texas Controlled Substances Act. The duration of the license suspension can vary based on the specific circumstances of the offense and whether it is a first-time or subsequent offense. Generally, the suspension period can range from six months to two years.
In 2021, House Bill 99 was among the ten bills for reducing possession penalties on marijuana charges. It was to get rid of driver’s license suspensions. However, the bill was never passed and Texas prosecutors indiscriminately uphold all implied penalties for possession.
Since then, the department instructing DPS officers and highway patrol officers has tightened its noose, which has led to an increase in several illegal marijuana-led arrests.
Legal Defenses Against Marijuana Possession Charges in Texas
Black Texans were 2.6 times more likely to be arrested for marijuana possession compared to white Texans as per a 2020 report by the American Civil Liberties Union published in the Texas Tribune.
You need to work with a knowledgeable criminal defense attorney who understands Texas marijuana laws and has experience handling similar cases. This is essential to effectively use these strategies and protect your rights.
Unusable Quantity
In Texas, prosecutors must demonstrate the presence of a usable amount of marijuana to establish a case. Courts in the state have recognized two specific quantities as constituting a ‘usable quantity’ – half an ounce of marijuana or a hand-rolled cigarette weighing 0.38 grams. These thresholds were established in the cases of Carmouche v. State and Andrade v. State, respectively.
Illegal Search and Seizure
- Fourth Amendment Protections: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. For a search to be lawful, it typically requires either a warrant supported by probable cause or an exception to the warrant requirement, such as consent, incident to arrest, or exigent circumstances.
- Suppression of Evidence: If it can be proven that law enforcement conducted an unlawful search or seizure to obtain the marijuana, your attorney can file a motion to suppress the evidence. If successful, this could lead to the exclusion of the marijuana from trial, weakening the prosecution’s case and potentially resulting in the dismissal of charges.
Lack of Possession
- Actual vs. Constructive Possession: Actual possession means having physical control over marijuana, such as it being found on your person or in your immediate reach. Constructive possession means having the ability and intent to exercise control over the marijuana, even if it is not physically on your person.
- Shared Spaces: If marijuana was found in a shared space, such as a vehicle or residence, and there is no evidence linking you directly to the cannabis sativa (e.g., fingerprints, admission of ownership), arguing lack of possession becomes viable.
Medical Necessity
- Texas Medical Marijuana Laws: While Texas has limited medical marijuana laws, certain medical conditions may justify possession with a valid prescription or recommendation from a physician.
- Affirmative Defense: Texas allows for an affirmative defense of medical necessity in certain cases involving marijuana possession. This defense requires presenting evidence that marijuana was possessed and used solely for medical purposes as permitted under state law.
Illegal Substance Identification
- Testing Procedures: Your lawyer may challenge the accuracy and reliability of the drug test used to identify the substance as marijuana. This can involve questioning the qualifications of the testing personnel, the handling of evidence, or the chain of custody.
- Independent Analysis: An attorney may request an independent analysis of the substance by a reputable crime lab to confirm its identity and quantity. Discrepancies in the results or doubts about the initial testing procedures can weaken the prosecution’s case.
Entrapment
- Law Enforcement Conduct: Your lawyer may argue that law enforcement induced or coerced you into possessing marijuana, which you would not have otherwise possessed or obtained.
- Subjective and Objective Tests: Depending on jurisdiction, entrapment defenses may require showing that the government induced the crime and that you were not predisposed to committing it.
Crime Lab Analysis
- Verification of Substance: The lawyer may request a comprehensive analysis of the substance by an independent crime lab to verify its identity and quantity. This is critical if there are doubts about whether the substance meets the legal definition of marijuana under Texas law.
- Expert Witness Testimony: Attorneys may use expert testimony to challenge the prosecution’s evidence and provide an alternative interpretation of the substance.
Constitutional Challenges
- Statutory Challenges: Challenging the constitutionality of the statute under which you were charged, such as arguing it is overly broad, vague, or violates equal protection rights.
- Case Law Analysis: Citing relevant case law and legal precedent to support the argument that the statute should not be applied in your specific circumstances.
Character Witness and Testimonials
Your attorney will present evidence of your good character, such as testimonials from employers, colleagues, friends, or community members who can attest to your reputation and credibility. While not a defense in the strict legal sense, portraying yourself positively can influence sentencing decisions and potential outcomes in your case.
First-Time Offender Programs
If nothing else works, an experienced attorney will explore options for diversion programs or agreements for first-time offenders, which may involve completing treatment, community service, or education programs. Successful completion could result in charges being dismissed or reduced.
Contact Tisdell Law Firm for Legal Defense Against Weed Possession Charges
A marijuana possession charge in Texas can have severe and far-reaching consequences, including the suspension of your driver’s license, hefty fines, and even jail time. The complexities of Texas marijuana laws make knowledgeable and experienced legal representation essential. At Tisdell Law Firm, our seasoned attorneys are known for defending clients against weed possession charges and are committed to protecting your rights and future.
Time is of the essence when dealing with a marijuana arrest. Early intervention by our experienced attorneys can make a significant difference in the outcome of your case. By contacting Tisdell Law Firm as soon as possible, we can build a solid defense, gather essential evidence, and identify any procedural errors or violations of your rights that may work in your favor.
To request your free, no-obligation consultation, call us at (855) I40-WEED or complete this online form.