Possession of Marijuana
Have you been charged with the possession or delivery of marijuana or related products in Tarrant County? Our goal at the Dameron Law Firm in Fort Worth, TX is to get your case dismissed! Marijuana offenses in the state of Texas are very serious crimes, and possession of marijuana is no exception. Possessing a usable amount of marijuana is at least a Class B misdemeanor offense under Texas law. Even though marijuana is commonly used, and many states have legalized marijuana, Texas is very tough on drug crimes. The amount of marijuana in your possession at the time of arrest will determine the penalties resulting in either misdemeanor or felony charges. The larger the amount, the more serious consequences you will face. Consequences include jail/prison time, large fines, permanent conviction on your record, and your driver’s license could be suspended. If you qualify, Tarrant County has diversion programs for first-time marijuana offenders that will result in a dismissal when completed.
Penalties for Marijuana Possession
If you are arrested for possession of marijuana, you could be facing some serious penalties. The punishment you receive depends on the amount/weight of the marijuana you are accused of possessing. Under the Texas Code of Criminal Procedure, the typical penalties for possession are as follows:
- Possession of paraphernalia – Class C misdemeanor, with up to a $500 fine;
- Possession of 2 oz. or less – Class B misdemeanor, up to 180 days in jail and a fine of $2,000;
- Possession of 2 to 4 oz. – Class A misdemeanor, up to a year in jail and a $4,000 fine;
- Possession of between 4 oz and 5 pounds – state jail felony, with a range of punishment between 180 days to 2 years in prison plus a $10,000 fine;
- Possession of 5 to 50 lbs – third-degree felony, range of punishment of 2-10 years in prison and a fine of $10,000;
- Possession of between 50 and 2,000 lbs – second-degree felony, range of punishment 2-20 years in prison and a $10,000 fine;
- Possession of more than 2,000 pounds – first-degree felony, range of punishment of 5-99 years and $50,000 fine
Possession of THC Oil, Wax, and Concentrates
Possession and use of cannabis in the form of THC wax, hash oil, edibles, and concentrates has grown since marijuana has been legalized in many states. What can be purchased legally in some states such as Colorado, California, or Nevada would be considered a felony in Texas. THC products are illegal substances in the state of Texas, and the law does not allow any amount of THC wax, oil, or concentrate to be in your possession. If you are arrested in Tarrant County for having these items in your possession, you will need an experienced criminal defense attorney.
In Tarrant County, it is a felony to “knowingly or intentionally possess a controlled substance” in penalty group 2. All illegal substances are placed in certain penalty groups and THC is listed in penalty group 2. You could face a state jail felony charge if you are arrested for possession of a substance in penalty group 2 of less than one gram of THC wax, oil, or concentrates in Texas; a third-degree felony charge for one to four grams; and a second-degree felony for four to 400 grams. Possession of any illegal drugs including possession of even the smallest amount of THC oil in a vape pen could result in a felony charge.
Just because you purchased THC wax, hash oil, edibles, or concentrates in a state that has legalized these substances does not mean you can bring it back to Texas. For example, purchasing “legal” marijuana in Colorado does not make that marijuana legal to possess in Texas. Even if you have a medical marijuana card issued from a state that has legalized medical marijuana, it does not mean you can possess marijuana or THC products in Texas. Texas does have very limited exceptions to their drug laws to exempt patients who are prescribed medical marijuana.
Terms and definitions of marijuana can be confusing! For a list of definitions visit our blog article “Common Marijuana Terms And Definitions”. If you will be traveling and are curious about the marijuana laws in other states, NORML has a great reference guide you can find here.
If you are arrested for a marijuana-related offense, the most important thing you can do is contact an experienced criminal defense attorney immediately. Criminal defense attorney Craig Dameron has been a licensed attorney since 2001 and has extensive experience defending misdemeanor and felony possession of marijuana charges. Attorney Craig Dameron possesses the legal knowledge necessary to successfully defend your case. Don’t gamble with your future, call attorney Craig Dameron at (817) 222-0624.