Unlike many other states that have legalized marijuana for recreational or even medical use, Texas maintains some of the strictest marijuana laws in the country. Possession, distribution, or cultivation of marijuana remains a criminal offense under state law. Even small amounts can result in an arrest, criminal charges, and long-term consequences that affect employment, housing, and personal reputation. For those accused in Texas, it is critical to understand how these charges are handled in the criminal justice system.
Penalties for Marijuana Possession in Texas
Texas law classifies marijuana possession based on the weight of the substance involved.
The penalties vary significantly:
- Two ounces or less – Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000.
- Two to four ounces – Class A misdemeanor, punishable by up to one year in jail and fines up to $4,000.
- Four ounces to five pounds – State jail felony, punishable by 180 days to two years in a state jail facility and fines up to $10,000.
- Larger amounts – Penalties increase sharply, with potential prison sentences lasting decades and substantial fines.
In addition to these penalties, a conviction creates a permanent criminal record that can impact future opportunities.
Distribution and Cultivation Charges
Texas also treats the sale, distribution, or cultivation of marijuana very seriously. These offenses are classified as felonies in most cases, and penalties depend on the weight involved. Even sharing a small amount with a friend can lead to a distribution charge, which carries harsher penalties than simple possession.
Possible Defenses to Texas Marijuana Charges
Being charged with a marijuana-related offense does not automatically mean a conviction. With the help of our skilled Bexar County criminal defense attorneys, you may be able to challenge the charges.
Common defense strategies include:
- Illegal search and seizure – If law enforcement violated your constitutional rights when obtaining evidence, that evidence may be excluded.
- Lack of possession – Prosecutors must prove that the marijuana belonged to you and that you had control over it.
- Medical necessity – In rare cases, a medical necessity defense may be considered.
- Challenging the weight of the substance – Errors in weighing or testing can affect the classification and severity of charges.
Why Legal Representation is Essential
Texas prosecutors often pursue marijuana cases aggressively, regardless of the amount involved. Without experienced legal representation, you risk harsh penalties that could alter the course of your life. Our San Antonio criminal defense lawyers can investigate the details of your case, challenge evidence, negotiate with prosecutors, and fight for reduced charges or dismissal whenever possible.
Speak With Our San Antonio Marijuana Defense Attorneys Today
If you or a loved one has been charged with a marijuana offense in Texas, the criminal defense attorneys at Peek Law Group are here to help. With decades of experience defending Texans against drug charges, we understand the strategies needed to protect your rights and future. Call (512) 399-2311 or fill out our online form today to schedule a confidential consultation with our defense team.
