Houston Marijuana Charges Attorney

HOUSTON, TX MARIJUANA CHARGES DEFENSE ATTORNEY

Marijuana Charges In Houston

Marijuana is still considered an illegal drug under the Texas Controlled Substances Act.  The possession or cultivation of marijuana can lead to serious jail time, high fines, or both.  Even a small amount of pot (less than two ounces) can result in up to six months in jail and a fine of up to $2,000.  The penalties increase depending on the amount possessed and if there are any aggravating factors. If you are facing marijuana charges in Houston, TX, you need to act fast to preserve your rights and your freedom.  Houston Drug Crimes Attorney James Alston understands that any drug charges can affect your entire life. He is an experienced litigator that will fight hard to get the marijuana charges reduced or even dismissed. Please do not wait until it is too late, contact James Alston Law today for a consultation.

Understanding Marijuana Laws in the State of Texas

Recently, Texas sought to align themselves with a federal law making hemp legal.  The 2018 Farm Bill “reclassified hemp,” making it legal to grow in the United States.  Marijuana and hemp are both derived from the cannabis plant; however, legal hemp cannot contain tetrahydrocannabinol (THC) above the 0.3 compliance level.   In Texas, it is illegal to possess or cultivate marijuana (a cannabis plant with a THC concentration of more than 0.3 percent). House Bill 1325 “authorizes the production, manufacture, retail sale, and inspection of industrial help crops and products in Texas,” including consumable hemp products containing cannabidiol (CBD).

Penalties for Possession of Marijuana in Texas

If you are found in possession of marijuana, you could still face stiff penalties under Texas law.  Under Health and Safety Code 481.121, it is unlawful if a person “knowingly or intentionally possesses a usable quantity of marijuana.”  The consequences for possession of marijuana depend on the quantity.

  • Less than two ounces – considered a Class B misdemeanor and can result in a jail sentence of up to 180 days and a fine not to exceed $2000, or both.
  • Two to four ounces– considered a Class A misdemeanor and can result in a jail sentence of up to one year and a fine not exceed $4000, or both.
  • More than four ounces, up to five pounds – considered a state jail felony and is punishable by up to two years in jail and a fine not to exceed $10,000.
  • More than five pounds, up to fifty pounds– considered a 3rd-degree felony and is punishable by up to ten years in jail and a fine not to exceed $10,000.
  • More than fifty pounds, up to 2,000 pounds – considered a 2nd-degree felony and is punishable by up to twenty years in jail and a fine not to exceed $10,000.
  • Over 2,000 pounds – punishable by life imprisonment in the Texas Department of Criminal Justice, or a term of 5 to 99 years and a fine not to exceed $50,000.

Penalties for Delivery of Marijuana in Texas

Under Health and Safety Code Section 481.120, it is unlawful if a “person knowingly or intentionally delivers marijuana.”  As with possession, the penalties for the sale or distribution of marijuana increase depending upon the quantity confiscated by law enforcement.

  • One-fourth ounce or less and remuneration not received – considered a Class B misdemeanor and can result in a jail sentence of up to 180 days and a fine not to exceed $2000, or both.
  • One-fourth ounce or less and remuneration is received – considered a Class A misdemeanor and can result in a jail sentence of up to one year and a fine not exceed $4000, or both.
  • More than one-fourth ounce, up to five pounds– considered a state jail felony and is punishable by up to two years in jail and a fine not to exceed $10,000.
  • More than five pounds, up to fifty pounds – considered a 2nd-degree felony and is punishable by up to twenty years in jail and a fine not to exceed $10,000.
  • More than fifty pounds, up to 2,000 pounds – considered a 1st-degree felony and is punishable by “imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than five years” and a fine not to exceed $10,000.
  • Over 2,000 pounds– punishable by life imprisonment in the Texas Department of Criminal Justice, or a term of 10 to 99 years and a fine not to exceed $100,000.

HIRE A HOUSTON TEXAS MARIJUANA DEFENSE LAWYER

Given the stakes, you cannot afford to risk your freedom and your future after being charged with a marijuana offense.  Texas laws are some of the strictest in the nation on the possession or delivery of marijuana. You need experience you can trust.  Attorney James Alston is a leading Houston Marijuana Defense Attorney in Houston, TX, who fights hard for his clients. His experience as a prosecutor on the Organized Crime Drug Task Force gives him an intimate knowledge of how the other side prepares their cases.  If you are arrested on marijuana charges, you need Attorney James Alston by your side. Contact James Alston Law today at (713) 228-1400 to schedule a consultation.