Penalties For Marijuana And Hash Oil Possession Are Bigger In Texas
Marijuana — or marihuana — is becoming more socially acceptable, and some argue that it should become legal in Texas. At this point, it is only a conversation. Under Texas and federal law, marijuana is still illegal. Although it is not a controlled substance, and efforts have been made to reduce the penalties and offer alternative sentencing options for first-time offenders and small amounts, the consequences remain severe.
At The Law Office of Shawn C. Brown, PC, we only take one side in the debate: We are on your side. Regardless of the circumstances of your case or the severity of the charges, our promise is that we will do everything in our power to have the charges dismissed or reduced and the sentence lessened.
How Severe Are The Penalties For Marijuana Possession?
The circumstances of your individual situation could always change your case. You could face federal charges if you are caught driving across state lines with marijuana that you purchased legally elsewhere (i.e., Colorado). You could also face stricter penalties if you have a prior conviction on your record. If you were caught with hash oil, the penalties are even more severe (see below).
In Texas, general sentencing guidelines are based on weight.
- Possessing 2 ounces or less is a Class B misdemeanor punishable by a fine of up to $2,000 and/or up to 180 days in jail.
- Possessing 2 to 4 ounces is a Class A misdemeanor punishable by a fine of up to $4,000 and/or less than one year in jail.
- Possessing 4 ounces to 5 pounds is a state felony punishable by a fine of up to $10,000 and jail sentence of 180 days to 2 years.
- Possessing 5 to 50 pounds is a third-degree felony punishable by a fine of up to $10,000 and a prison sentence of 2 to 10 years.
- Possessing 50 to 2,000 pounds is a second-degree felony punishable by a fine of up to $10,000 and a prison sentence of 2 to 20 years.
- Possessing over 2,000 pounds is an enhanced first-degree felony punishable by a fine of up to $50,000 and a prison sentence of 5 to 99 years.
Don’t forget about the civil consequences. A conviction for simple possession can prevent you from obtaining or renewing your driver’s license. It can also affect your ability to obtain student loans or federal assistance.
Hash Oil? Possession Of Any Amount Is A Felony
Effective Sept. 1, 2016, cannabidiol or cannabis oil is the only form of marijuana that has been legalized in Texas, but not for everyone. It applies only to those with intractable epilepsy — and even these cases are complicated. Do not think that you can avoid charges by using cannabis oil.
Marijuana in an oil form is a controlled substance that carries strict penalties. It is sentenced on the same level as cocaine. The general sentencing guidelines are also based on weight.
- Possessing 1 gram or less is a state jail felony punishable by a fine of up to $10,000 and 6 months to 3 years in a state jail facility.
- Possessing 1 to 4 grams is a third-degree felony punishable by a fine of up to $10,000 and 2 to 10 years in prison.
- Possessing 4 to 200 grams is a second-degree felony punishable by a fine of up to $10,000 and 2 to 20 years in prison.
- Possessing 200 to 400 grams is a first-degree felony punishable by a fine of up to $10,000 and 5 to 99 years in prison.
- Possessing over 400 grams is an enhanced first-degree felony punishable by a fine of up to $100,000 and 10 to 99 years in prison.
Contact Us Now And We Will Start Working On Your Defense
Even simple possession charges can greatly impact your life. If you have been charged with possession, contact us immediately so that our attorneys can begin working on your case. Call our office in San Antonio 24/7 at 1-888-WE-FIGHT and 210-265-6290 or send us an email for your free initial consultation. Hablamos español.
POSSESSION OF MARIJUANA 0-2OZ – DISMISSED
Our client was arrested for misdemeanor Possession of Marijuana 0-2 oz. Attorney Bryan Orihel was able to show that there had been an illegal search performed by the officer. Due to this issue, the District Attorney’s office was forced to DISMISS all charges against our client.