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Offering Legal Defense Strategies Against Drug Charges
The laws against marijuana are highly debated, and many states have chosen to legalize marijuana for recreational use. In the state of Texas, marijuana is still considered a controlled substance, meaning that the sale and possession of the drug is illegal. In many instances, individuals who would not be charged with a crime in other states face harsh penalties in Texas for possessing, selling, or using marijuana. If you have been accused of a marijuana-related offense, hiring an experienced criminal defense attorney is the best way to avoid these stringent punishments.
Our team at Flanary Law Firm, PLLC, is dedicated to defending clients charged with drug-related crimes. Many cities and municipalities are open to pre-trial diversion programs and first-offender programs rather than jail time or hefty fines for marijuana charges. Although our ultimate goal is always a case dismissal, we will work tirelessly to defend your case to reduce and hopefully remove the penalties against you. If you need assistance with a marijuana criminal case, don’t hesitate to reach out to our team. Call our office today at 210-879-8621
What is the Definition of Marijuana Under Texas State Law?
It’s important to understand exactly what marijuana is when facing marijuana-related charges. Under Texas law, marijuana is a product of the cannabis plant and can include smokable flower, edibles, and concentrates, like hash. Marijuana also includes the seeds of a cannabis plant and every compound, salt, derivative, manufacture, mixture, and preparation of that plant and its seeds. However, the term does not include the resin extracted from the plant or a compound related to cannabis. Similarly, marijuana is not defined as the mature stalks of the plant or fiber produced from the stalks.
If you have any questions about your marijuana charges under the Texas definition of marijuana, reach out to our team today. Because the term is so broad yet also precise, it can be challenging to determine exactly what you are being charged with. Our team will review your case and spell out exactly what your criminal charges are and how you can fight them.
What Are the Different Types of Marijuana Crimes?
Not all marijuana crimes are the same, and you may be charged with one or multiple different marijuana-related crimes. The Texas Controlled Substances Act defines each criminal offense and the penalties for each one.
The most common marijuana-related charges include the following:
Possession of Marijuana
Possession includes knowingly or intentionally possessing any usable amount of marijuana. There are different penalties depending on the amount of marijuana in your possession at the time of your charge.
Cultivation
Cultivation is also known as growing marijuana or cannabis plants. Any penalties for cultivation will depend on the number of plants produced.
Delivery
Delivery can include intentionally and unintentionally delivering marijuana to others. Delivery is also called the sale of marijuana or drug dealing.
Trafficking
Trafficking is intentionally transferring marijuana to another person. Depending on the amount of marijuana involved, individuals sometimes receive federal charges for marijuana trafficking.
What Are the Potential Penalties for Marijuana Possession?
Marijuana possession is one of the most common marijuana-related charges in the state. The penalties for possession depend on the amount of marijuana possessed.
If you are charged with possession, your penalties could include the following:
- Two ounces of marijuana or less: charged as a Class B misdemeanor, you could face a fine of up to $2,000 and 180 days in jail.
- Between two and four ounces: charged as a Class A misdemeanor, you could face a fine of up to $4,000 and one year in jail.
- Between four ounces and five pounds: you could face a fine of up to $10,000 and between 180 days and two years in prison.
- Between five and 50 pounds: you could face a fine of up to $10,000 and between two and ten years in prison.
- Between 50 and 2,000 pounds: you could face a fine of up to $10,000 and between two and 20 years in prison.
- More than 2,000 pounds: you could face a fine of up to $50,000 and between five and 99 years in prison.
If this is your first offense and you are caught with less than a single ounce of marijuana, your case may be eligible for dismissal. Similarly, a lawyer on our team could argue for a pre-trial diversion program or other first-offender program instead of fines and jail time. Contact our team to learn more about your charges and their potential penalties.
What Are the Common Defenses Against Marijuana Charges?
While your specific defense will depend on the unique circumstances of your case, there are some common defense tactics you can use with the help of our legal team.
If you are facing marijuana charges, you may be able to claim the following:
- Improper evidence collection or storage
- Violation of Miranda Rights
- Unreasonable search and seizure of evidence
- Grounds for suppression
Any one of these tactics could lead to a case dismissal or a not-guilty verdict in court, depending on your case. If the case is not dismissed, these defense strategies could lead to a reduction in charges or penalties.
Should I Hire a Criminal Defense Lawyer?
Facing drug-related charges in the state of Texas can lead to hefty fines and extended stays in jail. Unfortunately, defending yourself or relying on a public defender could result in a less-than-ideal outcome in your case. You need an experienced defense attorney on your side to protect your rights and advocate for you in court. Contact Flanary Law Firm, PLLC today by calling 210-879-8621 for a free initial consultation.