What Are The Penalties For Possession Of Marijuana In Texas?
In Texas, it is illegal to possess a usable amount of marijuana. The more you possess, the higher the penalty range can be. It starts out with anything less than two ounces. If you have less than that, it is a Class B misdemeanor. Class B misdemeanors are punishable by up to 180 days in jail and up to a $2,000 fine. If you are convicted of any drug offense of any level, it comes with a six-month driver’s license suspension. The next offense level is a Class A misdemeanor for possession of two to four ounces. Class A misdemeanors are punishable by up to a year in county jail and up to a $4,000 fine.
Next is four ounces to five pounds, which is a state jail felony. State jail offenses are punishable by six months, minimum, in a state jail facility, up to two years in a state jail facility, and up to a $10,000 fine. If you do get state jail time, it is a private prison and they don’t have parole. It is day for day, so you will serve almost the entirety of your sentence, except for some credits that the judge can give you based on your engaging in rehabilitation programs. If you do not have a prior felony conviction, then this is a mandatory probation offense, meaning they can’t send you to state jail and have to offer you probation, but if you mess up that probation, you will be headed to state jail.
If you possess five to 50 pounds of marijuana, it’s a third-degree felony, punishable by two to 10 years in prison and up to a $10,000 fine. If you possess 50 to 2,000 pounds of marijuana, it’s a second-degree felony, punishable by two to 20 years in prison and up to a $10,000 fine. If you possess more than 2,000 pounds of marijuana, it would be a first-degree felony, punishable by five to 99 years in prison and up to a $10,000 fine, and in addition to that, call me because I would like to shake your hand. Typically, in large shipments, there may be enough stems and seeds to knock you down into the next tier. It may make sense to engage an expert, who can go in and sort the marijuana into stems, seeds, and usable parts to weigh them separately and prepare a defense report that says you shouldn’t be charged with a second or third-degree felony.
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