The possession, use, cultivation, production, and distribution of marijuana are highly controlled in Texas. This is because marijuana is considered a dangerous drug, with a high potential for addiction and abuse. You need proper authorization to possess, sell, or distribute the drug to various parts of the state. Without it, you can face serious criminal charges. Prosecutors file misdemeanor or felony charges for marijuana-related crimes, depending on the nature of the crime and your criminal history.

It is helpful to understand the differences between felony and misdemeanor marijuana charges, as well as what to do if you are facing any of these charges. Working closely with a skilled criminal attorney ensures you have the necessary support to fight your charges and influence the court’s decision.

Marijuana-Related Charges

Marijuana is a Schedule I substance under the federal Controlled Substances Act. This means that it is a dangerous drug because of its high potential for abuse and addiction. It is also not widely accepted for medical use, although some states have legalized its use for medical purposes. Marijuana is a highly regulated substance in Texas because it also lacks acceptable safety for use by medical professionals. There is usually no clear information about how much marijuana can be safely used for a particular purpose. This puts users at risk of addiction and dependence.

Thus, marijuana is generally illegal in Texas, even for recreational use. You can face various charges if found in possession of marijuana, whether for personal consumption, sale, or distribution. The exact charges prosecutors file for marijuana-related crimes depend on the amount of the drug in your possession, the type (whether a THC product or plant marijuana), and your intent for possession.

Texas has more stringent marijuana laws than most states in the United States. Even a misdemeanor conviction can result in severe, life-changing penalties.

Misdemeanor Marijuana-Related Charges

Misdemeanor charges for marijuana offenses are generally reserved for simple possession crimes. Simple possession means possession for personal consumption. You will likely face a misdemeanor charge if you are found with only enough marijuana for personal use. Although prosecutors charge this as a misdemeanor, it is a serious criminal offense and can result in severe penalties.

When prosecuting simple possession of marijuana, prosecutors must prove all the elements of this offense beyond a reasonable doubt for the court to deliver a guilty verdict. In this case, they will prove that:

  • You were arrested while in possession of marijuana

  • You knew about having the drugs

  • You knew that the drugs were controlled substances

  • The amount was only enough for your own use

Drug Possession

Possession of marijuana means that you were in control of the drugs. You can be in possession even if the item is not in your person or under your direct control. Possession can be actual, constructive, or joint.

Actual possession means that the police arrested you with the drugs on your person. This can happen if the drugs were on your hands, or in something you wore (like pants or a jacket), or carried (like a bag).

Constructive possession means that, even if the marijuana was in your control, it was not directly on your person. This can happen if the police find marijuana in your car, home, or another location that you have access to and control over. What matters, in this case, is that you control the drugs from that other location.

Joint possession means that you are in joint control of the drugs with another person or people. The drugs can be in your direct or indirect possession, but under the control of more than one person.

Knowledge of the Drugs

The prosecutor must also prove that you knew of the drug’s presence on ypour person, or property. You cannot have marijuana if you are unaware of its presence. The prosecutor can deduce this from how you act when stopped or searched by the police. An innocent person will not try to hide the drugs.

There is also a requirement that you know of the drug’s nature as a controlled substance. While you don't need to understand the actual nature of the substance, you must, at least, know that it is a controlled substance. The prosecutor can also deduce this from how you react during the search or arrest.

The Amount

Remember that possession of marijuana in Texas, whether for personal use or sale, is unlawful. However, the prosecutor must consider the amount of drugs in your possession to determine how to file charges. If you are found with only enough marijuana for personal use, the prosecutor will file charges. If you have more of the drug than you need for personal use, it can be assumed that you intended to sell or distribute it, which is a felony.

Penalties for Misdemeanor Marijuana Charges

Simple possession of marijuana is charged as a Class A or Class B misdemeanor in Texas. A Class B misdemeanor is the least severe drug charge. You will likely face a Class B misdemeanor charge if you are found in possession of the least amount of marijuana (at most two ounces). If found guilty of illegal possession, you will likely receive a jail sentence of 180 days and a $ 2,000 fine.

If you are found guilty of illegal possession of more marijuana, but not enough for sale or distribution (more than 2 ounces but not exceeding 4 ounces), the prosecutor will likely file Class A misdemeanor charges. This is punishable by a one-year jail sentence and a $ 4,000 fine.

The prosecutor can sentence you to probation instead of jail for a Class A or Class B misdemeanor. When that happens, you will serve your sentence outside of jail, but under strict probation conditions. Misdemeanor probation in Texas is generally for two years, but the judge can increase or reduce your probation time depending on the circumstances of your case.

Although a misdemeanor drug-related conviction may result in manageable penalties, it leaves you with a criminal record that can potentially affect various aspects of your life. For example, it could make it hard for you to find suitable employment, secure housing, or qualify for some loans or insurance services. Therefore, you should prepare well for the defense to avoid a conviction.

Felony Marijuana-Related Charges

A marijuana-related drug crime can become a felony under the following circumstances:

  • You are in illegal possession of more than 4 ounces of marijuana

  • You have any amount of THC concentrates or edibles

  • You are selling or delivering marijuana illegally

Unlawful Possession of Large Amounts of Marijuana

When you are arrested for illegal possession, the prosecutor will determine the amount of drugs in your possession and other circumstances of the case to determine the correct charges to file against you. Remember that possession of at least 4 ounces of marijuana results in misdemeanor charges. However, if the amount exceeds 4 ounces, you will likely face felony drug charges. The exact amount will also determine how the prosecutor will charge you.

For example, if you have more than 4 ounces of marijuana, but not more than 5 pounds, you will be charged with a state jail felony. The penalties for this offense include imprisonment for 180 days to 2 years and fines of up to $10,000.

If the amount is more than five pounds but not more than 50 pounds, you will be charged with a third-degree felony. This is punishable by a prison sentence of two to ten years and a fine of $10,000.

If the drug amount ranges between 50 pounds and 2,000 pounds, you will face second-degree felony charges. This is punishable by a prison sentence of two to twenty years and a fine of $10,000.

Finally, if the drugs in your possession exceed 2,000 pounds, the prosecutor will charge you with first-degree felony, punishable by a prison term of five to ninety-nine years, or life imprisonment, and a fine of $50,000.

Possession of Marijuana Edibles and Concentrates

Since the use, sale, and distribution of marijuana is highly restricted in Texas, it is also illegal to possess, sell, or distribute cannabis concentrates, like edibles, oils, dabs, and wax, without proper authorization. Possession of cannabis edibles and concentrates is actually a more severe crime than possession of the marijuana plant itself. Edibles and concentrates are categorized under Penalty 2 Group of controlled substances, and illegal possession of any amount is a felony. The exact felony charges you face depend on the amount of cannabis edibles or concentrates in your possession.

For example, if you are arrested in possession of one gram of THC concentrate or less, the prosecutor will file state jail felony charges against you. The penalties you receive upon conviction include 180 days to two years in jail and $10,000 fine.

If the THC concentrate in your possession weighs between one and four grams, this will be a third-degree felony, punishable by a prison sentence of two to ten years, and $10,000 in fines. If the amount is between 4 and 400 g of THC concentrates, you will face second-degree felony charges, punishable by a prison sentence of two to twenty years, and $10,000 in fines.

The severest charge under this category is a first-degree felony, which will happen if you are found in possession of over 400g of THC concentrates. This is punishable by 5-99 years in prison, or life imprisonment, and a fine of $50,000.

Illegal Sale and Delivery of Marijuana

The illegal selling or distribution of marijuana is a serious crime in Texas, with charges ranging from misdemeanors to first-degree felonies. The exact charge you face will depend on the details of your case and your criminal history. A conviction can result in a few months of jail time (for a lenient misdemeanor) to life in prison (for the gravest felony). A skilled criminal attorney can help you understand your charges, possible penalties, and the best defense strategies you can use to fight for a favorable outcome.

Just like most other drug crimes, prosecutors mainly consider the amount of marijuana to determine the correct charges for sale or distribution. Judges consider your criminal history and the exact nature of your charges to determine the right penalties.

For example, if the police arrest you for the illegal sale of 0.25 ounce or less of marijuana, and there is evidence that you had not received payment from the sale, you will face a Class B misdemeanor charge, punishable by 180 days in jail and $2000 in fines. However, if there is proof that you were paid for the sale, the prosecutor will file Class A misdemeanor charges, punishable by up to one year in jail and a fine of $4,000.

If the amount of drugs ranges from 0.25 to 5 pounds, the offense becomes a state jail felony, punishable by 180 days to two years in jail and $10,000 in fines. If the range is 5 to 50 pounds, the charges become second-degree felony charges, punishable by a prison sentence of 2-20 years and a fine of $10,000.

However, if you are suspected of the sale of over 50 pounds of marijuana, this becomes a first-degree felony charge, punishable by 5-99 years in prison, or life in prison, and $10,000 in fines. If the amount of marijuana exceeds 2000 pounds, the judge may enhance your penalties to 10-99 years in prison or life in prison, and up to $100,000 in fines.

Other Factors Prosecutors Consider When Filing Marijuana Charges

Some aggravating factors determine whether the prosecutor will file misdemeanor or felony marijuana charges against you. Examples of these factors include the following:

Involving a Minor

Any involvement of a minor in marijuana deals will automatically result in felony charges. However, the prosecutor must first demonstrate that you knowingly engaged a minor in obtaining, selling, or distributing marijuana.

Delivering marijuana to a minor is a second-degree felony. This is punishable by two to twenty years in prison and $10,000 in fines.

Dealing in Marijuana Proximity to Protected Areas

There are protected locations, called drug-free zones, in Texas, within which you must not be found with any controlled substance. Manufacturing, processing, delivering, or having marijuana within a particular distance of these drug-free zones will result in even more severe charges. The judge may enhance your penalties by increasing your prison sentence and court fines.

According to Texas Health & Safety Code 481.134, these are the designated drug-free zones:

  • Primary and secondary schools, whether private or public, including institutions of higher learning and childcare facilities

  • Chkildren playgrounds

  • Private and public youth centers

  • Public swimming pools, video arcade facilities, and other facilities frequented by minors

  • Correctional facilities

  • Mental health facilities

  • School buses

The law recommends enhanced sentencing for anyone found dealing in marijuana within 100 feet of these protected places. Even a low-level possession charge becomes a felony if you are arrested in a protected space. A felony charge can be enhanced to a subsequent degree felony, regardless of the amount of drug in your possession.

The Use of Social Media

The use of social media to facilitate the procurement, sale, or delivery of marijuana can also result in an enhanced sentence. According to Texas Health & Safety Code 481.142, using social media in the furtherance of the delivery of a controlled substance will increase the underlying charges to the next higher category of that offense. For example, if you face state jail felony charges for dealing in the specified amount of drugs under the law, the prosecutor will file charges for a third-degree felony charge if you used any social media platform to commit the crime.

Possession or Sale of Marijuana Paraphernalia

Marijuana paraphernalia is any equipment or material used for cultivating, planting, processing, manufacturing, packaging, storing, consuming, or concealing the substance. It includes such items as bongs and pipes, scales and balances, rolling papers, roach clips, small plastic baggies, needles, and e-cigarettes.

Simple possession of marijuana paraphernalia is mainly a Class C misdemeanor, punishable by $500 in fines. However, the sale, delivery, or intent to sell or deliver marijuana paraphernalia is a Class A misdemeanor. This is punishable by up to one year in jail and a fine of $4,000.

Selling marijuana paraphernalia to a minor is a state jail felony, punishable by up to two years in jail and $10,000 in fines.

Find an Experienced Criminal Defense Attorney Near Me

If you face marijuana-related charges in Fort Worth, you could receive life-changing penalties if the court finds you guilty. However, a skilled attorney can influence the outcome of your case. They can also guide you through all legal processes and defend your rights.

Our competent criminal attorneys at Andrew Deegan Criminal Attorney at Law have extensive experience handling marijuana-related cases. We can ensure that you understand the legal implications of your charges, your options, and the best defense techniques that will yield the most favorable outcome. Call us at 817-689-7002 to start the legal process with us.