Fort Bend County Criminal Defense Lawyer

Fort Bend County Possession of Marihuana or Marijuana Defense Attorney - Lee Cox

Possession of Marijuana in Fort Bend County, Texas

While the possession or use of marijuana may be viewed as harmless by some, it is viewed as a crime in the state of Texas. Repeated arrests and convictions for marijuana possession can eventually lead to more severe punishment and negatively impact your life. Hiring a Fort Bend County Criminal Defense Attorney is the first step in defending yourself against possession of marijuana charges.

What Constitutes Possession of Marijuana?

The Texas Health and Safety Code sets the standard for what qualifies as possession of marijuana. According to Section 481.121, possession is defined as:

Knowingly or intentionally possessing a usable quantity of marijuana.

This includes the possession of a Cannabis sativa plant, whether it is growing or not, the plantís seeds and any other form of the plant such as a joint or a package containing dried and shredded buds. Texas law makes no distinction regarding the possession of medicinal marijuana and a doctorís approval to use the drug cannot be considered a valid defense.

Possession of marijuana is a separate crime from the manufacture or sale of the drug. If law enforcement determines that you are in possession of marijuana with the intent to distribute it, you may face additional charges and penalties.

How is Possession of Marijuana Classified in Texas?

Marijuana possession may be charged as a misdemeanor or felony, depending the amount of marijuana involved and whether or not you have any previous convictions for possession.

In cases involving fewer than two ounces of marijuana, you will typically be charged with a Class B misdemeanor. As the weight limit increases, so does the charge from a Class A misdemeanor up to a first degree felony. If you have multiple prior convictions for marijuana possession, your charges may also be enhanced, regardless of the weight limit. Sale or delivery of marijuana to a minor or distribution of marijuana within 1000 feet of a school will also caused your charges to be increased to the next level.

The table below outlines the punishments that may be handed down if convicted of marijuana possession in the state of Texas.

Punishment Ranges by Weight of Marijuana


Time Fine

Less than 2 oz.

1 day to 180 days in the County Jail $2,000.00

2 oz. to 4 oz

1 day to 1 year in the County Jail $4,000.00

4 oz. to 5 lbs.

180 days to 2 years in State Jail $10,000.00

5 lbs. to 50 lbs.

2 years to 10 years imprisonment $10,000.00

50 lbs. to 2,000 lbs.

2 years to 20 years imprisonment $10,000.00

2,000 lbs. or more

5 years to 99 years or Life $50,000.00

Treatment of First-Time and Juvenile Offenders

If youíre a juvenile or this is your first arrest for possession of marijuana, you may be able to avoid serving any jail time. Your Fort Bend County criminal defense attorney may make arrangements for a plea agreement or your case may be dismissed entirely if you voluntarily agree to participate in a diversion program.

Depending on the circumstances of your case, you may be able to avoid jail time by completing drug treatment or attending drug court. The primary goal behind these types of programs is to allow first-time and juvenile offenders to receive an adequate punishment for the crime without incurring a permanent criminal record.

A conviction for a felony, in particular, can have serious future implications and potentially bar you from getting certain jobs or applying for student loans, grants and scholarships. You may also face the loss of your driverís license for up to six months following a conviction for marijuana possession.

If your son or daughter is facing criminal charges for possession of marijuana, you need to contact a Texas criminal defense attorney right away.

How Can a Fort Bend County Defense Attorney Help Me?

Enlisting the aid of a Fort Bend County criminal defense lawyer is key to protecting your rights if youíve been charged with possession of marijuana. An experienced attorney should do a number of things on your behalf, including:

  • Investigating the facts of the case

  • Building a solid defense

  • Challenging the prosecutionís case against you

  • Negotiating a plea arrangement if necessary

  • Seeking a reduced sentence or diversion program if a conviction seems likely

Texas criminal defense attorney Lee D. Cox specializes in doing all of these things and more to protect the rights of his clients who are facing charges for marijuana possession. Lee is dedicated to aggressively defending individuals against possession charges and working hard on their behalf to achieve the best resolution for their case.

If you or someone you love has been charged with possession in the Fort Bend County area, call Lee D. Cox today at 281-762-7345 to find out how he can help with your case. You donít have to let a criminal drug conviction ruin your life. Call the law office of Lee D. Cox now to get expert legal representation for your Fort Bend County marijuana possession case.


Practice Areas


Minor DUI

Felony DWI

Intoxication Assault

Intoxication Manslaughter




Domestic Violence


Aggravated Assault

Possession of Marijuana

Drug Cases Ė Felony and Misdemeanor

Sex Crimes

Bail Bond Reduction

Probation Violation

Weapons Charges

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Feel free to contact our office any time. 

Richmond / Fort Bend County Law Office
201 South Eleventh
Richmond, TX 77469
Phone: 281-762-7345

Houston / Harris County Law Office
1221 Studewood
Houston TX 77008

Sugar Land Law Office
56 Sugar Creek Center Blvd
Suite 300
Sugar Land 77478

Alll Major Credit Cards Accepted

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Fort Bend DWI Lawyer | DWI Lawyer Fort Bend County | Criminal Lawyer Sugar Land

Lee D. Cox, Lawyer practices criminal defense in Fort Bend County, Texas.  This includes the following cities and communities: Richmond, Rosenberg, Sugar Land, Missouri City, Needville, Arcola, Houston, Orchard, Pleak, Simonton, Weston Lakes, Fulshear, Stafford, Thompsons and Katy. 

Counties Served: 
Fort Bend County, Brazoria County, Wharton County, Harris County, Waller County