Relying on changing marijuana laws in other states can give Texans a false sense of security regarding the possession of marijuana. If you’ve been following the news, you may have heard that marijuana prosecution is becoming more difficult in Texas due to the legalization of hemp.
In reality, Texas still prosecutes marijuana crimes. In fact, half of all drug arrests in Texas are marijuana arrests with 97% of those arrests being possession of 2oz or less.
Furthermore, many Texans do not realize that a conviction of possessing any amount of marijuana in Texas will result in a suspended drivers license.
Another lesser known fact about marijuana possession: when a substance contains marijuana, the state will prosecute based on the weight of the entire substance and not just the marijuana contained inside. That’s right, a pan of brownies with a small amount of marijuana can land you in the penitentiary.
So, How Much Trouble Are You In If You Have Been Arrested For Marijuana Possession?
The answer lies both in Texas marijuana laws and punishments and also in hiring a Tarrant County marijuana lawyer who keeps up with Tarrant County marijuana punishments and programs. While it may not be possible for every case, we have had numerous marijuana cases dismissed over the last few months. As a dedicated attorney, I will explain your rights and establish the best path to follow.
What Are The Punishments For Possession Of Marijuana Charges?
How much marijuana do you have to possess to be in trouble? None, as it turns out. Possessing drug paraphernalia in Fort Worth or Arlington can include: bongs, grinders, clips, large quantities of cash, even plastic baggies is a class c misdemeanor with a fine of up to $500.
There are collateral consequences to receiving a possession of marijuana conviction. It will affect your current and future employment. It may also prevent you from getting student loans. Certainly students holding visas jeopardize their chances of even staying in the country.
Tarrant County can also prosecute any “usable amount” of marijuana, which can be as small as half an ounce, while a quantity of more than four ounces can land you in state jail for a minimum of 180 days.
Drivers License Suspension
Your drivers license will be suspended for one year, if you are under the age of 21 and have received a jail sentence for possession of marijuana. If you are 21 or older, your license will be suspended for six months.
What Is A “Usable Amount” Of Marijuana In Texas?
To prove a marijuana case in Texas, the prosecutors have to prove there was at least a usable quantity of marijuana seized. In various cases around the state, courts have found two quantities of marijuana that could be titled a “usable amount.” These include one-half ounce of marijuana, or one hand-rolled cigarette weighing .38 grams. These quantities were established in Carmouche v. State and Andrade v. State, respectively.
Levels of Possession of Marijuana Charges and Penalties
| Possession of Marijuana | ||
|---|---|---|
| 2 oz or less(“usable amount”) | Class B misdemeanor | Up to 180 days in jail and up to $2,000 fine |
| 2-4 oz | Class A misdemeanor | Up to one year in jail and up to $4,000 fine |
| 4 oz to 5 lbs | State Jail (felony) | 180 days* – 2 years in a state jail and up to $10,000 fine |
| 5 – 50 lbs | 3rd Degree Felony | 2* – 10 years penitentiary and up to $10,000 fine |
| 50 – 2000 lbs | 2nd Degree Felony | 2* – 20 years penitentiary and up to $10,000 fine |
| 2000 lbs or more | 1st Degree Felony | 5* – 99 years to life and up to $50,000 fine |
| Sale of Marijuana | ||
|---|---|---|
| 7g or less for no remuneration | Class B misdemeanor | Up to 180 days in jail and up to $2,000 fine |
| 7g or less | Class A misdemeanor | Up to one year in jail and up to $4,000 fine |
| 7g to 5 lbs | State Jail (felony) | 180 days* – 2 years in a state jail and up to $10,000 fine |
| 5 – 50 lbs | Felony | 2* – 20 years penitentiary and up to $10,000 fine |
| 50 – 2000 lbs | Felony | 5* – 99 years to life and up to $10,000 fine |
| 2000 lbs or more | Felony | 10* – 99 years to life and up to $100,000 fine |
| To a minor | Felony | 2* – 20 years penitentiary and up to $10,000 fine |
| *Mandatory minimum sentence |
What Is A Drug-Free Zone In Texas?
Drug free zones are designated by statute and are an effort by lawmakers to keep drug dealers from targeting children or young adults. The most common drug free zones are schools. They also include daycare centers, colleges, medical schools, junior colleges, and technical institutes. This statute also protects public swimming pools.
If a playground is both open to the public and intended for recreation, it is also considered a drug-free zone. To be covered under this statute, it must contain at least three or more play stations intended for children. Video arcades and youth centers fall under this same category.
Each variety of drug cases are committed in a drug-free zone have different “enhanced” consequences.
If you have been arrested on a charge of a possession in a drug-free zone, an experienced lawyer will help you deflect the severity of these potential charges.
Can You Get Your Marijuana Charge Expunged in Tarrant County?
It depends. Assuming you have no other violations during the statute of limitations period and you receive one of the outcomes that allow for expunction, you should be eligible if your case is handled properly. There are diversion plans, such as DPP, that offer paths to an expunction of the charge from your record.
What Can I Do to Help Myself?
Don’t be fooled by what is happening in other states. A marijuana possession arrest in Tarrant County still has the potential for lifelong consequences. If you are facing a marijuana arrest, call an Arlington Marijuana Lawyer that can help you navigate!