Possession of Marihuana

Although marijuana (often called cannabis, pot or weed) is the most commonly used illicit substance in the United States, Texas law provides for harsh penalties for any marijuana possession offense. While other states have legalized marijuana for medical or even recreational purposes, Texas is expected to be one of the last states to enacting meaningful reforms of its marijuana laws.

More than half of all Texas drug arrests are for marijuana crimes. Nearly 97% of those arrests are for possession of 2 ounces or less of marijuana. 

In Texas, a person commits the offense of marijuana possession if he knowingly or intentionally possesses a usable quantity of marihuana. For purposes of the marijuana possession laws in Texas, the term “possession” means the actual care, custody, control or management of the marihuana.

Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

Lawyer for Possession of Marijuana Crimes in San Antonio, TX

If you were charged with the criminal offense of possession of marijuana under Health and Safety Code, SEC. 481.121, then contact an experienced drug crimes defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC.

Don Flanary also represents clients charged with related offenses for the operation of a grow house and delivery of marihuana.


Penalties for Possession of Marihuana under HSC 481.122

The following penalties apply to crimes involving the possession of marijuana under Health and Safety Code, Section 481.122:

  • Class B Misdemeanor: 2 ounces or less
  • Class A Misdemeanor: 4 ounces or less but more than 2 ounces
  • State Jail Felony: 5 pounds or less but more than 4 ounces
  • Third-Degree Felony: 50 pounds or less but more than 5 pounds
  • Second-Degree Felony: 2,000 pounds or less but more than 50 pounds
  • 5-99 years or life and a fine not to exceed $50,000: more than 2,000 pounds

Definition of Marijuana under Texas Law

Under Texas law, the term “marihuana” is defined as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.”

The term marijuana does not include:

  • oil or cake made from the seeds of the plant;
  • the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
  • the mature stalks of the plant of fiber produced from the stalks;
  • a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
  • the sterilized seeds of the plant that are incapable of beginning germination.

Finding an Attorney in Bexar County for Marijuana Crimes

If you were charged by indictment with the offense of possession of a usable quantity of marijuana or operating a grow house to cultivate marijuana in San Antonio, TX, or in the surrounding areas in Bexar County, TX, then contract an attorney experienced in fighting drug charges. 

Don Flanary represents clients on a wide range of drug crimes including possession with intent to sell or deliver, and actual delivery of marijuana to a child under Health and Safety Code, Section 481.122). He also represents clients charged with the possession of other types of controlled substances in San Antonio, TX.


This article was last updated on Wednesday, December 28, 2016.

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