Felony Marijuana Possession in Texas: What You Need to Know
In Texas, the possession of marijuana can lead to severe legal consequences, and understanding when a marijuana offense escalates to a felony is crucial.
Unlike some other states with more lenient marijuana laws, Texas maintains strict penalties, particularly for larger quantities.
This blog will delve into the specific amounts of marijuana that constitute a felony in Texas, the potential penalties, and the importance of seeking experienced legal representation if you are facing such serious charges.
Understanding When Marijuana Possession Becomes a Felony in Texas
Texas law outlines specific weight thresholds that determine whether a marijuana possession charge is a misdemeanor or a felony.
The critical point at which possession becomes a felony is more than four ounces.
Possessing more than this amount triggers much harsher penalties that can significantly impact your life.
Misdemeanor vs. Felony Thresholds
To reiterate the distinctions:
- Misdemeanor: Possession of two ounces or less (Class B misdemeanor) or more than two ounces but not more than four ounces (Class A misdemeanor).
- Felony: Possession of more than four ounces.
Specific Felony Weight Categories and Penalties
The penalties for felony marijuana possession in Texas are directly tied to the amount of marijuana involved:
- More than four ounces but not more than five pounds: State Jail Felony, punishable by 180 days to two years in state jail and a fine of up to $10,000.
- More than five pounds but not more than 50 pounds: Third-Degree Felony, punishable by two to 10 years in state prison and a fine of up to $10,000.
- More than 50 pounds but not more than 2,000 pounds: Second-Degree Felony, punishable by two to 20 years in state prison and a fine of up to $10,000.
- More than 2,000 pounds: First-Degree Felony, punishable by five to 99 years or life in state prison and a fine of up to $50,000.
These penalties underscore the seriousness with which Texas law treats the possession of larger quantities of marijuana.
A felony conviction can result in significant prison time, substantial fines, a criminal record that can affect future employment and housing opportunities, and the loss of certain civil rights.
Top Questions About Felony Marijuana Possession in Texas Answered
Here are some of the most common questions people have regarding felony marijuana possession in Texas:
How much weed is a felony in Texas?
As stated above, possession of more than four ounces of marijuana is a felony offense in Texas.
What are the long-term consequences of a felony marijuana conviction in Texas?
A felony drug conviction in Texas can have severe and lasting consequences, including:
- Incarceration: Lengthy prison sentences depending on the amount of marijuana.
- Significant Fines: Up to $50,000 for the highest felony level.
- Criminal Record: A permanent criminal record that can hinder employment, housing, loan applications, and other opportunities.
- Loss of Civil Rights: Including the right to vote, own a firearm, and serve on a jury.
- Difficulty Traveling: Restrictions on international travel.
- Professional Licensing Issues: Potential loss or denial of professional licenses.
Can I get probation for a felony marijuana charge in Texas?
It is possible to receive probation for a felony marijuana conviction in Texas, but it is not guaranteed.
The decision depends on various factors, including the amount of marijuana involved, your prior criminal history, the specific circumstances of the offense, and the judge’s discretion.
An experienced attorney can advocate for probation and explore alternative sentencing options.
What defenses are available for felony marijuana possession charges?
Several potential defenses may be available depending on the specifics of your case.
These can include challenging the legality of the search and seizure, questioning the accuracy of the weight of the marijuana, arguing lack of knowledge or control over the substance, or raising issues with the chain of custody of the evidence.
A skilled drug charges attorney will thoroughly investigate your case to identify any Sources and related content
