POSSESSION OF MARIJUANA
Politicians of both major political parties are talking about criminal justice reform, reducing penalties for drug offenses and decriminalizing marijuana. Meanwhile, Texas law still prohibits the possession of even insignificant amounts of marijuana and, depending on the amount possessed, a conviction can result in a Class B misdemeanor up to life in prison.
Anyone facing charges for cannabis should seek counsel from an experienced criminal defense lawyer before speaking to any investigators, detective, or law enforcement officials. Remember that you have the right to remain silent and insist that your attorney is present, and you should absolutely exercise that right if you want a fair chance of winning the case.
Although some counties in Texas are choosing to issue a ticket with no arrest for possession of lesser amounts of marijuana, you can be subject arrest and charges for possession of any amount of useable marijuana.
The Texas Legislature determined that possession of marijuana should be punished more severely based upon the weight of the drugs, including adulterants and dilutants. In other words, the heavier the drug weight is determined to be by the drug lab, the more severe the legal consequences.
Possession of four ounces or more of marijuana results in felony charges according to Texas Criminal Code. If convicted, the penalty depends on the amount of marijuana the state alleges you possessed.
In June 2019, Texas Governor Greg Abbott signed into law a bill legalizing hemp, making Texas the 42nd state in the United States to legalize hemp farming and production. The bill created a legal distinction between hemp and marijuana by defining hemp as a cannabis plant with less than 0.3% THC, the psychoactive component of marijuana. This legalization of hemp has created a significant new opportunity for farmers and businesses across the state, as it allows for the cultivation, processing, and sale of hemp and hemp-derived products such as CBD oil.
However, it is important to note that while hemp is now legal in Texas, marijuana remains illegal under state law, and possession of even small amounts can result in serious legal consequences. Therefore, it is important to consult with a knowledgeable attorney if you are facing criminal charges related to cannabis in Texas.
In determining the sentence within the range allowed by law, courts will consider all relevant background information, including any prior offenses, and all the circumstances surrounding the individual offense.
It is possible to have a POM dropped or dismissed. The first thing you should do is talk to an experienced criminal defense lawyer that knows Texas drug laws and strategies to negotiate a favorable result on your case.
At A.Vega Rubio Law, we have negotiated a number of case reductions and dismissal for clients that have been charged with serious felony possession of marijuana and THC cases.