Individuals who are intentionally or knowingly in possession of a usable amount of marijuana violate Texas Health and Safety Code Sec. 481.121. The level of charges that individuals face for possession of marijuana depend entirely on the weight of the drug found in their possession. The charges and penalties for possession of marijuana are, on the whole, more lenient than those for possession of other controlled substances under Texas law. Nonetheless, these charges vary in severity from a Class B misdemeanor for two ounces or less of marijuana to a felony for more than 2,000 pounds of marijuana. Whereas a Class B misdemeanor under Texas Penal Code Sec. 12.22 can result in a jail sentence of no more than 180 days and a fine of no more than $2,000, or both, a felony for more than 2,000 pounds of marijuana can result in a prison sentence ranging from five to 99 years, or life in prison, and/or a fine of up to 10,000, pursuant to Sec. 12.32.
Charges for delivering marijuana under Texas Health and Safety Code Sec. 481.120 are only slightly different than those for possession of marijuana. Again, the severity of the charges and the resulting penalties depends upon the weight of the marijuana delivered. The only significant difference occurs at the lowest amounts of marijuana involved; for delivering one-fourth ounce or less of marijuana without receiving remuneration, it is a Class B misdemeanor, but if the individuals receive remuneration, it is a Class A misdemeanor. Furthermore, if individuals deliver between one-fourth ounce and five pounds of marijuana, they can be charged with a state jail felony under Texas law. If the delivery involves larger amounts of marijuana, the charges and penalties are nearly identical to those for possession of marijuana.
An experienced Texas drug defense attorney can help you build a strong defense against your criminal charges, whether they involve marijuana charges or another type of criminal offense. Taking steps to get you released from jail and fight for your rights at the beginning of your case is typically easier than waiting until your case may be too far gone to fix. Contact Peek & Toland at (512) 474-4445 today and see how we can help.