Marijuana Defense Lawyers in Laredo

Protecting Your Rights when Facing Drug Charges

Although many states in America have legalized marijuana, Texas is one of the states that still classifies it as a controlled substance. This means that the sale and possession of marijuana are illegal and can carry penalties like hefty fines and even jail time. If you have been accused of a marijuana-related crime, it is crucial that you hire an experienced defense attorney to defend your rights and reduce the penalties you are facing.

At Flanary Law Firm, PLLC, we have years of experience defending clients from drug-related charges, including marijuana. The good news is that many cities and municipalities are open to reducing the penalties for marijuana charges if you are a first-time offender or do not have a criminal record. Our team will always attempt to get your case dismissed, but we can also try other negotiation tactics to substitute a pre-trial diversion program or other first-offender programs for jail time. If you are facing charges for a marijuana-related offense in Laredo, reach out to our team today by calling 210-879-8621 for a free consultation.

How is Marijuana Defined in Texas?

When you have been charged with a marijuana-related crime, it is crucial that you understand exactly what marijuana is under Texas state law. Marijuana is a product of the cannabis plant and can include edibles, flower, and concentrates made from that plant. The term marijuana also includes the seeds of the cannabis plant as well as any mixture, preparation, compound, and derivative from a cannabis plant or its seeds. Under state law, marijuana does not include any resin extracted from the plant or a cannabis-related compound. It also does not include the stalks of the plant or fiber made from the stalks.

Certain substances like hemp that are marijuana-adjacent can carry confusing charges. Texas state law has ruled that manufacturing and consuming smokable hemp products is illegal, but distributing these products that have been manufactured outside of Texas is okay. If you have any questions about your charges or how marijuana is defined, reach out to our team today. We will review your case to determine the legality of your charges and develop a legal strategy to fight the case against you.

What Are the Most Common Types of Marijuana-Related Crimes?

There are many different marijuana-related charges you may face in Texas. The Texas Controlled Substances Act defines these crimes and the penalties for each one unless they are federal offenses. It’s possible to be charged with multiple marijuana-related charges if you are arrested.

The most common marijuana-related crimes include:

Possession

Possession of marijuana is defined as knowingly or intentionally possessing any usable amount of marijuana. In most cases, you will not be charged with possession unless you have more than one ounce of marijuana on your person or property.

Delivery

Also called the sale of marijuana or simply drug dealing, delivery means intentionally or unintentionally delivering marijuana to others. This often pertains to those who are selling large amounts of marijuana.

Cultivation

If you are charged with cultivation, it means you were growing marijuana plants. In most cases, this is coupled with the intent to sell or deliver marijuana to others.

Trafficking

Trafficking marijuana means intentionally transporting marijuana to someone else. This can be charged at the federal level.

What Are the Penalties for Possession of Marijuana?

Possession of marijuana is one of the most common marijuana-related charges that individuals receive. Generally, the potential penalties depend on how much marijuana an individual is caught with.

Below are the potential penalties for marijuana possession:

• Two ounces or less: a fine of up to $2,000 and 180 days in jail
• Two to four ounces: a fine of up to $4,000 and one year in jail
• Four ounces to five pounds: a fine of up to $10,000 and between 180 days and two years in prison
• Five to 50 pounds: a fine of up to $10,000 and between two and ten years in prison
• 50 to 2,000 pounds: a fine of up to $10,000 and between two and 20 years in prison
• Over 2,000 pounds: a fine of up to $50,000 and between five and 99 years in prison

Pre-trial diversion programs may be an option for some first-time offenders. In a pre-trial diversion program, you will be required to complete certain classes, like a drug rehabilitation class and a community service program. At the end of the program, the charges will be wiped from your record, and you will no longer have a criminal record. If you are interested in a pre-trial diversion program, reach out to our team today.

What Are the Most Common Defenses Against Marijuana-Related Charges?

Your specific defense strategy will depend on your charges and the evidence against you. However, there are some common defense tactics our legal team may use.

You may be able to use one of the following defense strategies:

• Violation of Miranda Rights
• Improper evidence collection
• Unreasonable search and seizure

If a judge finds any of these legitimate, there is a chance your case could be dismissed. Contact our team to learn more information.

Do I Need a Defense Lawyer?

Being charged with a marijuana-related crime can threaten your freedom and your future. Having a drug-related conviction on your record can make it challenging to get a job or secure housing in the future. If you are facing marijuana charges, you need a criminal defense attorney who knows how to protect your rights. Contact the experienced team at Flanary Law Firm, PLLC, by calling 210-879-8621