Dallas Marijuana Lawyer, Serving Dallas County and Surrounding Areas
Marijuana is legal in a growing number of states. Texas, however, is not one of them. You can still be prosecuted in Dallas and the surrounding areas for possessing or delivering marijuana. A conviction for any type of drug charge can negatively impact your future. That’s why it’s imperative to contact an experienced Dallas marijuana lawyer if you’ve been arrested on a marijuana charge.
In this article, we will explain the marijuana laws in Texas, punishment ranges, possible defenses, and potential collateral consequences. But before you move on, please watch this highly informative video from Benson Varghese, a Dallas marijuana lawyer who is board certified in criminal law and describes how to beat marijuana charges in Dallas.
What is possession of marijuana in Texas?
In Texas, possession of marijuana is defined as knowingly or intentionally possessing a usable quantity of marijuana. This can be a misdemeanor or felony offense depending on the amount of marijuana possessed.
What is considered a “usable quantity” of marijuana in Texas?
The amount of marijuana considered to be a “usable quantity” depends on the circumstances of each case, but it generally refers to an amount that is sufficient for personal use. Some courts have found that as little as a third of a gram is enough to convict someone for possession of marijuana.
What are the penalties for possession of marijuana in Texas?
The penalties for possession of marijuana in Texas depend on the amount of the drug for which you are caught. Here’s a breakdown:
- Possession of Drug Paraphernalia: Class C misdemeanor punishable by a maximum $500 fine.
- Possession of Marijuana Under 2 Ounces: Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine.
- Possession of Marijuana 2 to 4 Ounces: Class A misdemeanor punishable by up to a year in jail and maximum $4,000 fine.
- Possession of Marijuana 4 Ounces to 5 Pounds: State jail felony punishable by 6 months to 2 years in a state jail facility and a maximum $10,000 fine.
- Possession of Marijuana 5 to 50 Pounds: Third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Possession of Marijuana 50 to 2000 pounds: Second-degree felony punishable by 2 to 20 years in prison and a maximum $10,000 fine.
What constitutes delivery of marijuana in Texas?
In Texas, delivery of marijuana is defined as intentionally or knowingly delivering marijuana, actually or constructively, to another. In other words, it can involve actually handing marijuana to another person, using another person for the transfer, or even leaving the drugs at a specified location. It also doesn’t matter whether or not there is an actual exchange of money to be charged with this offense or if it was given as a gift.
What are the penalties for the delivery of marijuana in Texas?
The penalties for delivery of marijuana in Texas depend on the amount of the drug involved. Here’s the breakdown:
- Delivery of Marijuana 1/4 ounce or less and does not receive payment: Class B misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.
- Delivery of Marijuana 1/4 ounce or less and receives payment: Class A misdemeanor punishably by up to a year in jail and maximum $4,000 fine.
- Delivery of Marijuana between 1/4 ounce and five pounds: State jail felony punishable by 6 months to two years in a state jail and a maximum $10,000 fine.
- Delivery of Marijuana between 5 and 50 pounds: Second-degree felony punishable by two to 20 years in prison and a minimum $10,000 fine.
- Delivery of Marijuana between 50 and 2000 pounds: First-degree felony punishable by 5 years to life in prison and a maximum $10,000 fine.
- Delivery of Marijuana 2000 pounds or more: First-degree felony punishable by ten years to life in prison and a maximum $100,000 fine.
Is THC punished the same as marijuana in Texas?
No, possession of THC concentrates or extracts, including edibles, wax, hash, or oils, is punished much harsher than weed in Texas or marijuana buds. Possession of any type of marijuana extract or cannabis concentrate with more than .3 THC is a felony in Texas. Listed below are the possible penalties for possession of THC concentrates and extracts.
- Possession of THC Concentrate/Extract Less than One Gram: State jail felony punishable by 180 days to two years in a state jail and a maximum fine of $10000.
- Possession of THC Concentrate/Extract 1-4 Grams: Third-degree felony punishable by 2 to 10 years in prison and a maximum fine of $10,000.
- Possession of THC Concentrate/Extract 4-400 Grams: Second-degree felony punishable by 2 to 20 years in prison and a maximum fine of $10,000.
- Possession of THC Concentrate/Extract 400 Grams or More: First-degree felony punishable by five years to life in prison and a maximum fine of $50000.
To reiterate, being arrested with a vape or edible is more serious than being caught with plant marijuana, or a joint or blunt. Many people are not aware that is a felony offense in Texas. Please take a moment to watch this video by Dallas marijuana lawyer Benson Varghese.
Does Dallas County punish marijuana charges harshly?
In February 2019, Dallas County District Attorney John Creuzot initiated a non-prosecution policy for most cases of first-time misdemeanor possession of marijuana cases. However, Dallas law enforcement has not changed the way they handle cases involving THC or large amounts of marijuana. Dallas police will still arrest people for felony possession of marijuana and the Dallas DA’s Office continues to prosecute cases involving large amounts of weed, sales of any amount of marijuana, and possession of THC concentrates or extracts.
If you have been arrested for any type of marijuana charge in Dallas, it is important to contact an experienced Dallas marijuana lawyer who can help you navigate the criminal justice system and fight to keep your record. Even if your case was dismissed, the arrest will remain unless it is expunged.
Collateral Consequences of a Drug Conviction
As far as crimes go, many people don’t think marijuana possession or a THC charge is that big of a deal. That is until a drug conviction shows up on their criminal record.
It is extremely important that you handle your drug charge in a manner that will avoid a felony conviction. Otherwise, it could impact your ability to vote, own firearms, obtain certain types of employment, the list goes on. At Varghese Summersett, our goal is to keep you out of jail, avoid a felony conviction, and keep your record clean. Call 214-903-4000 today and find out how we will work to accomplish these goals.
What defenses might a Dallas marijuana lawyer raise?
A Dallas marijuana lawyer at our law firm will look at every angle of your case to to determine the best defense strategy. Possible defenses to marijuana possession and delivery charges could include:
- You were not in actual possession of the drug.
- The police found the drugs as a result of an illegal search and seizure.
- The police did not have probable cause to stop or arrest you.
- The drugs belonged to someone else and you did not know they were there.
- The drugs were found in a common area and you did not have exclusive control over them.
- You are a first-time offender and are eligible for deferred adjudication.
- The amount of drugs found was less than the legal limit.
- The drugs were prescribed by a doctor and not for sale or delivery.
Contact an Experienced Dallas Marijuana Lawyer
If you have been charged with a marijuana offense in Dallas, it’s important to seek out experienced legal representation.
The attorneys at Varghese Summersett have successfully defended countless clients against these types of charges and will fight to get you the best possible outcome in your case. Call 214-903-4000 today for a free consultation with a Dallas marijuana lawyer.