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Marijuana Defense

San Antonio Marijuana Defense Attorney

Texas law provides for harsh penalties related to the use, possession, cultivation and delivery of marijuana (also known as cannabis, pot, or weed). A recent study by the American Civil Liberties Union (ACLU) shows that Texas has one of the highest arrest rates for the possession of marijuana in the United States.

In fact, more than 74,000 people were arrested for marijuana possession in Texas in 2010. More than 97% of those arrests were for the simple possession of two (2) ounces or less of marijuana.

Attorney for Marijuana Crimes in Texas

The crime of possession of marijuana requires proof that a person knowingly or intentionally possesses a usable quantity of marijuana. For purposes of the marijuana possession laws in Texas, the term “possession” means the actual care, custody, control or management of the marihuana.

The possession of cannabis 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.

If you were arrested for any type of marijuana crime including possession, possession with intent to deliver, cultivation or trafficking, then contact an experienced criminal defense attorney in San Antonio, TX.

Don Flanary represents clients on serious drug crimes with an emphasis on marijuana defense throughout the greater San Antonio area. He aggressively fights drug cases throughout Bexar County and the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.

Call (210) 738-8383 today for a free consultation.

Penalties for Marijuana Crimes in Texas

The following penalties apply to crimes involving the possession of marijuana under the 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

The penalties for the delivery of marihuana under the Health and Safety Code, Sec. 481.120 include:

  • Class B Misdemeanor: 1/4 of an ounce or less and no remuneration is received by the deliverer
  • Class A Misdemeanor: 1/4 ounce or less and the deliverer receives remuneration
  • State Jail Felony: Over 1/4 ounce and less than 5 pounds
  • Second-Degree Felony: Over 5 pounds but less than 50 pounds
  • First-Degree Felony: Over 50 pounds but less than 2,000 pounds
  • 10-99 years of life and a fine not to exceed $100,000: 2,000 pounds or more

List of Marijuana Crimes in Texas

Marijuana-related crimes in Texas include:

  • Possession of Marijuana;
  • Felony Possession of Marijuana;
  • Possession with Intent to Deliver Marijuana;
  • Sale of Marijuana;
  • Delivery of Marijuana;
  • Cannabis Cultivation / Grow House Operations;
  • Trafficking in Marijuana; and
  • Crimes involving THC Concentrates / Oils / Edibles / Hash.

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 legal definition of marijuana does not include:

  • 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;
  • Oil or cake made from the seeds of the plant;
  • 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.

Although it doesn’t make a lot of sense, marijuana concentrates such as extracts, wax, oils or hashish (even if it has the same or less THC) are not included within the definition of marijuana. On the street, marijuana concentrates are often called honey oil, honey wax or shatter.

 

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with the path to victory for your case.
[FAQs]

A state criminal charge is prosecuted by the state in the state court system. Typically, state charges are lesser charges and often carry fewer penalties. Federal criminal charges are violations of federal law and are prosecuted by the U.S. attorney’s office. Federal offenses are often investigated by the FBI, DEA, or SEC, depending on the nature of the crime. Federal criminal charges tend to carry more severe penalties, including exorbitant fines and extended prison sentences. Federal cases also tend to take longer, especially if they go to trial, due to the nature of the charges and the many agencies working together with the prosecution.

Ideally, the best time to hire a defense attorney is as soon as you learn you are under investigation or there are charges against you. The sooner you contact our legal team, the sooner we can investigate your case and develop a legal strategy. Similarly, if you are asked to speak to law enforcement or the police, always contact a Texas criminal defense attorney on our team first. Police officers may be attempting to get information from you. We can advise you of your rights and even accompany you to the meeting to ensure you remain protected the entire time.

An arraignment hearing is the first initial hearing after a defendant has been arrested and charged. During this hearing, the defendant will learn more about the charges against them and their rights. A charged individual can either be assigned an attorney or request one. At this hearing, a judge will decide whether the defendant can be released until the trial or held in prison. If an individual meets the requirements for bail, they will likely be released until their trial date. The judge will review facts about them, like their criminal history and nearby family members, before deciding on bail.

In some instances, self-defense is a valid defense for a criminal act. Self-defense is defined as defending the health and wellness of yourself or another person from harm. In most cases, you cannot use more force than necessary to harm or kill another person. For instance, if someone with a knife attacked you, using a knife against them may be considered self-defense. Using a gun, on the other hand, may be classified as manslaughter or murder. If you are curious about using self-defense as a defense strategy, our legal team can review your case and advise you of your options.

No, you do not have to speak to the police even if you are arrested. Every individual has the right to remain silent, even if they are in jail or police custody. You must provide information about your identity, like your name, to the police if they ask. If you would like to invoke your right to silence, it is essential that you tell the police you wish to remain silent. Otherwise, your silence could be construed as unwillingness to cooperate with law enforcement, which can be used against you in court. You also have the right to hire an attorney for criminal defense in Texas before speaking to the police.

While going to trial is always possible, very few cases actually make it to court. In some instances, our Texas defense attorneys can argue against the evidence in your case to get your charges dismissed altogether. If not, our team can negotiate with prosecutors to secure a plea deal that reduces or even removes the penalties against you. If these options are not possible or not in your best interest, then your case will likely go to court. In that scenario, our team will spend time building a defense strategy to present before a judge to get you the outcome you deserve.

Many factors affect how long a criminal case could take. In most instances, a case will be resolved within about six months. However, the complexity of your case, as well as the witnesses and evidence involved, could make it take much longer. Generally, federal and felony charges take longer to resolve than state or misdemeanor cases. Similarly, cases that go to trial often take longer to resolve than cases that don’t, simply because a criminal trial can take multiple days or weeks. If you have questions about the timing of your criminal case, contact our law office today.

Generally, misdemeanor charges are less serious than felony charges. In most cases, misdemeanors are given to those who commit non-violent, non-sexual crimes. Under federal law, a misdemeanor is punishable by less than one year in prison and a few hundred or thousand dollars in fines. A felony, on the other hand, is a more serious offense and is punishable by a prison sentence of one year or more. Felony charges are typically given to those who commit violent or sexual crimes, especially if they already have a criminal record. You may face both misdemeanor and felony charges depending on your criminal offense.

Experience Matters In Your Case

Our law office team has years of experience working on a diverse range of criminal cases. Our practice has ranged from defending domestic violence offenses to drug crimes, DWI, theft, sex crimes, violent crimes, white-collar crimes, and more.

View More Case Results
Not Guilty

Defendant was charged with the unfortunate death of a 10-year-old boy in this intoxication manslaughter case before the 379th Judicial District Court of Bexar County, Texas, and was facing up to 20 years in prison. Donald H. Flanary, III., and his co-counsel were able to show the defendant’s side of the story and point out other factors that led up to the victim’s death, which were out of the defendant’s control. Don Flanary was also able to challenge the validity of the blood test done in the case, which he found issues with. Defendant was acquitted at trial.

Not Guilty

Defendant was charged with Interference with Public Duties in the County Court at Law No. 14 of Bexar County, Texas. Associate Amanda I. Hernandez assisted in the trial and helped secure a not guilty-by-directed verdict. There, the officer’s testimony did not match the charging instrument and the defendant was acquitted.

Mistrial

Defendant was charged with DWI in Bexar county and was represented by Donald H. Flanary, III., at trial. After a jury trial ended in a mistrial, the case was subsequently dismissed by the State.

Crimes Involving Marijuana Concentrates

Although the possession of less than four ounces of marijuana is a misdemeanor, the possession of even a tiny amount of concentrate, extracts, wax, oils or hashish (even if it has the same or less THC) is charged as a felony in the State of Texas. Instead, marijuana concentrates are considered to be tetrahydrocannabinol (THC) which is classified in Penalty Group 2.

Under Health and Safety Code, SEC. 481.116, the penalties for marijuana concentrates include:

  • State Jail Felony: less than one gram is punishable by up to 6-months to 2-years in jail, and a fine up to $10,000.
  • Third-Degree Felony: one gram or more but less than four grams is punishable by up to 2-10-years in jail, and a fine up to $10,000.
  • Second-Degree Felony: four grams or more but less than 400 grams is punishable by 2-20-years in jail, and a fine up to $10,000.
  • First-Degree Felony and a fine not to exceed $50,000: 400 grams or more is punishable by 10-years-lifetime imprisonment, and a fine up to $50,000.

Other penalties for the possession of marijuana concentrates include a driver’s license suspension for a drug offense conviction.

Possession of Marijuana Paraphernalia

The crimes for possession of marijuana paraphernalia are more serious if the item is used to manufacture, deliver, or possess with intent to deliver. Those offenses are classified as a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.

Marijuana Crimes Prosecuted in Federal Court

Marijuana offenders had the shortest average term of imprisonment of all drug types. The average sentence was more than seven (7) years and the median was 5 years. A majority of marijuana offenders received a sentence of more than one (1) year up to and including five (5) years in prison.

Learn more about the way drug crimes are prosecuted in federal court in the San Antonio Division of the Western District of Texas.

Penalties for Marijuana Crimes in Texas – Visit the website of the National Organization for the Reform of Marijuana Laws (NORML) to learn more about Texas laws and penalties for marijuana crimes including possession, sale, cultivation, hash and concentrates, and paraphernalia. Also find the misdemeanor penalties that can be imposed for the possession of marijuana paraphernalia in Texas.

Lawyer for the Defense of Marijuana Crimes in Bexar County, TX

If you were charged with a crime related to the use, possession, possession with intent to deliver, sale, or cultivation of marijuana, then contact Don Flanary, an experienced criminal defense attorney in San Antonio, TX.

Don Flanary is experienced in fighting criminal charges for the possession of marijuana under Health and Sa
fety Code, SEC. 481.121. Don Flanary also represents clients charged with related offenses for the operation of a grow house, delivery of marihuana, and delivery of marihuana to a child in violation of Health and Safety Code, Section 481.122.

Whether you are charged with the misdemeanor possession of one-fourth of an ounce or less or the more serious offense of trafficking 2,000 pounds or more of cannabis, Attorney Don Flanary can help you fight the charges.

All to find out more about important defenses for the crime of intentionally or knowingly possessing marijuana.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with expert guidance.

I was looking for a criminal defense attorney on the internet and am so happy I found Attorney Flanary. He reviewed our case for unlawful weapon carry for my son. He said that the weapon that was holstered was not in plain view and there shouldn’t have been an arrest. At the arraignment the case was dismissed. My 19 year old son did not even have to stand before the judge for the arraignment. I was completely pleased with the outcome. Thank you Don Flanary for taking care of our son.

Gerrie P.

The Flanery Law Firm is very professional. They were able to have my legal issue resolved very quickly. They examined all the evidence and conducted a complete investigation. The case was dismissed and I was cleared off all charges.

Lauren E.

Mr. Don and his team was so professional. They explained everything to me in the beginning and they got my case dismissed.
I recommend him to anyone needs legal support.

Ouka

I’m still not entirely sure how I ended up involved in a legal case, but I’m incredibly grateful for the help I received from Don Flanary and his team. He’s a serious, honest, and dedicated attorney who genuinely cares about his clients. Even though my case was unique and not straightforward, he took the time to understand all the details and brought in the right experts to support the team. He went above and beyond in handling my case, showing true commitment and professionalism every step of the way. While good lawyers might take a little longer to provide answers, I’ve learned that they take the time to give you the right ones. I highly recommend Don Flanary for anyone in need of expert legal representation.

Sah A.

Don scared me when I met him. He had that type of presence. I knew right then he was the right Man for the job. I was in a very dark place during the time leading up to meeting. He saw right through it and was a true blessing, I wish there was more I could say, but don’t hesitate to give them a call , you gotta find out for yourself what a great Attorney he and his people are.

James C.

My experience with Mr. Flanary and his Law Firm was greatly satisfying. He is very open minded with his questions and solutions. He relayed information from my case quickly and was able to put it in a way that me and my wife can understand easily what to expect next in the case. It really appealed to me when Mr. Flanary was in the courtroom he had the most common sense amongst his peers, which ultimately led to my case being dismissed before the trial! I highly recommend if you’re interested in protecting your freedom, this Law Firm is the place to trust.

Jesse C.

If you’re searching for exceptional legal representation, look no further than Flanary Law Firm, PLLC. From the very beginning, Don Flanary and his team demonstrated unmatched professionalism, expertise, and compassion. Don’s deep legal knowledge and fearless approach gave me confidence even during the most difficult moments of my case. He was transparent every step of the way, clearly explaining the process and helping me stay grounded during times of uncertainty. What truly stood out was the genuine care and meticulous attention to detail shown by Don and his staff. They treated me not just as a client, but as a person worth fighting for. Thanks to their tireless efforts, my case was successfully dismissed, and I’m beyond grateful. If you want a legal team that is committed, capable, and truly cares about your outcome, I wholeheartedly recommend Flanary Law Firm. They are simply second to none.

Andre B.

Donald Flanery is an excellent attorney. He listens to his clients, he asks questions to better understand the circumstances involved. He does not hesitate on working your case. The results we received were in line with the reason we chose Donald, he works the case and ensures the best outcome possible…in our case it was a dismissal! Thank you Flanery Law Firm, staff included!

Roy G.

I don’t usually leave reviews, but I had to for Don. I was facing very serious charges and a situation that could’ve changed my life forever. Don fought hard for me and never treated me like just another case. He was honest, stayed on top of everything, and made sure I understood each step of the process. Because of his work, I was given a second chance, and I’ll always be grateful for that. If you need a lawyer who truly cares and will go to bat for you, Don is the one.

Imond W.

“A lot of attorneys talk a big game, but Don and his team at Flanary Law Firm actually walk it like they talk it. They are honest, straightforward, and got my family and I the results he promised the best for.”

Past Client

“In the end, they are and feel will always be awsome. Because they truly love what they do and the proof is within the actions they take to care for you within your possibly life changing situation.”

Brandon R.

“Literally the best attorneys in San Antonio. They treat you like a person not just another case. They impressed me since first meet and I just knew they were going to take care of me. I’m so glad I trusted my intuition and that they are top-grade Attorneys. Case was dismissed today and I have been stressing over this for a while. So happy I chose Flanary law firm and I’m so happy I can move on from this! So thankful !!!”

Ilse A.

“Great experience with this firm. Don Flanary is amazing at what he does. I always refer family and friends to him. He never disappoints. He is one of the best lawyers I know.”

Shannon M.

“Don and the entire are professional, courteous, respectful, and highly knowledgeable of the law and circumstances surrounding complex case issues and legal maneuvering! I am forever grateful to Flanary Law Firms ability to help me and my family navigate through the complex legal system! I would recommend his firm to anyone looking to be defended by the best attorneys in town. He will not let you down!!”

Gutz Company.
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