Possession of Marijuana in Texas
Marijuana is illegal in Texas. While many States have taken steps towards decriminalization, Texas remains committed to prosecuting individuals in possession of any usable quantity. The penalties for possession remain severe.
What are the Penalties for Marijuana Possession?
In Texas, possession of marijuana offenses are classified by weight.
- Possession 0 – 2oz: Class B Misdemeanor, punishable by a fine of up to $2,000.00, incarceration up to 180 days in county jail, driver license suspension, and a permanent criminal conviction.
- Possession 2 – 4oz: Class A Misdemeanor, punishable by fine of up to $4,000.00, incarceration up to 365 days in county jail, driver license suspension, and a permanent criminal conviction.
- Possession 4oz – 5 pounds: State Jail Felony, punishable by a fine of up to $10,000.00, incarceration up to 2 years in a state jail facility, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
- Possession 5 – 50 pounds: Third Degree Felony, punishable by a fine of up to $10,000.00, incarceration between 2 and 10 years in prison, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
- Possession 50 – 2,000 pounds: Second Degree Felony punishable by a fine of up to $10,000.00, incarceration between 2 and 20 years in prison, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
- Possession over 2,000 pounds: First Degree Felony punishable by a fine of up to $50,000.00, incarceration between 5 and 99 years in prison, driver license suspension, a permanent criminal conviction, and the serious collateral consequences associated with being a convicted felon.
Trey Porter Named Best Criminal Defense Lawyer in San Antonio
Mr. Porter has been voted by his peers as one of San Antonio’s Best Lawyers every year since 2015, with specific recognition in the fields of Criminal Defense and DWI Defense. Mr. Porter is also recognized by the National Trial Lawyers Association as a Top 40 Under 40 Criminal Defense Lawyer, and holds a 10.0 Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
San Antonio DUI Lawyer
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.