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
|Weight ||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 you’re 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 driver’s 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.