If you’ve been charged with marijuana possession in Prosper, Texas, you should take the situation and your criminal defense seriously. Texas continues to treat possession of marijuana as a crime, even when the allegation involves a small amount for personal use. A conviction could affect your record, career, and future opportunities.
Texas Defense Firm can review the circumstances of your arrest, including how police found the alleged marijuana and whether the substance was properly identified. Contact us today at (972) 369-0577 to schedule a confidential consultation with a Prosper possession of marijuana lawyer.
Why Choose Texas Defense Firm for Help With a Marijuana Possession Charge in Prosper, TX?
Getting charged with marijuana possession in Prosper, TX, is more serious than many defendants realize. While several states have legalized or decriminalized recreational marijuana, possession remains a criminal offense under Texas law.
Clients choose Texas Defense Firm because our legal team offers:
- 200 years of combined legal experience fighting for the accused
- Board-certified attorneys and former prosecutors
- More than 300 five-star Google reviews from clients and their families
- Recognition by Super Lawyers year after year
A Prosper criminal defense lawyer from our firm can examine the evidence, identify possible weaknesses in the state’s case, and explain your options. Contact Texas Defense Firm to schedule a confidential consultation today.
What Is Marijuana Possession Under Texas Law?
Under Texas law, a person commits an offense by knowingly or intentionally possessing a usable quantity of marijuana. The prosecution must establish more than the presence of marijuana nearby. It must prove that the accused knew about the substance and exercised care, custody, control, or management over it.
Texas law also distinguishes marijuana from qualifying hemp. Whether cannabis plant material is illegal may depend on its composition and THC concentration. Other cannabis products, including certain oils, edibles, and concentrates, may be charged under different provisions of the Texas Controlled Substances Act.
The amount allegedly possessed determines the level of a marijuana possession charge. Larger quantities can result in felony allegations. Evidence suggesting delivery or distribution may also expose a person to separate charges.
What Are the Penalties for Marijuana Possession in Prosper, Texas?
The penalties for marijuana possession depend primarily on the weight of the substance:
- Two ounces or less: A Class B misdemeanor punishable by up to 180 days in county jail and a fine of up to $2,000
- More than two ounces but no more than four ounces: A Class A misdemeanor punishable by up to one year in county jail and a fine of up to $4,000
- More than four ounces but no more than five pounds: A state jail felony punishable by 180 days to two years in a state jail facility and a fine of up to $10,000
- More than five pounds but no more than 50 pounds: A third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000
- More than 50 pounds but no more than 2,000 pounds: A second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000
- More than 2,000 pounds: A felony punishable by five to 99 years or life in prison and a fine of up to $50,000
A conviction can also create consequences beyond jail time and fines. A criminal record may affect employment, housing, professional licensing, education, and other opportunities.
Our Prosper possession of marijuana attorneys can assist you in navigating the legal system and mitigating potential penalties.
What Defenses May Apply to a Marijuana Possession Charge in Prosper?
The defense strategy in a marijuana case depends on how the substance was discovered, where it was located, and what evidence connects it to the accused. Potential defenses may include the following.
Unlawful Search or Seizure
Police must follow constitutional and statutory rules when conducting searches. An attorney can examine whether officers had a valid warrant or whether an exception to the warrant requirement applied.
Texas Code of Criminal Procedure art. 38.23 generally prohibits the use of evidence obtained in violation of the law. If important evidence is suppressed, the prosecution may have difficulty proving the charge. The effect of suppression will depend on what admissible evidence remains.
Lack of Knowledge or Control
The state must prove that you knowingly or intentionally possessed the marijuana. Merely being near a prohibited substance does not always establish possession. Evidence showing who owned the property, who had access to the area, and where the substance was located can be important.
The Substance Was Not Illegal Marijuana
The prosecution must establish that the seized material was an illegal substance. Testing may be necessary to distinguish marijuana from qualifying hemp or to determine the contents of a cannabis product. Unclear or unreliable testing may affect the strength of the state’s evidence.
Limited Overdose-Reporting
Texas provides a limited defense for certain low-level possession offenses when a person requests emergency medical assistance for someone experiencing a suspected overdose.
The person generally must be the first to seek assistance, remain at the scene until help arrives, and cooperate with emergency personnel. The defense includes several restrictions and does not apply in every case.
Problems With Testing or Evidence Handling
The state must account for how evidence was collected, labeled, stored, transferred, and tested. Missing records, inconsistent descriptions, contamination, or unexplained gaps in the chain of custody may raise questions about whether the substance tested was the same material seized by police.
A Prosper criminal defense attorney from our firm can examine police reports, property-room records, laboratory documents, and other evidence for inconsistencies. The availability and strength of this defense depend on the facts of the case.
Schedule a Confidential Case Evaluation With a Prosper Possession of Marijuana Lawyer Today
A marijuana possession charge may seem straightforward, but the evidence and legal issues often require closer review. When you work with Texas Defense Firm, you’ll have a team of advocates who understand local courts and know how to challenge the prosecution’s evidence.
You do not have to accept a plea offer or make decisions about your case without first understanding your options. Contact us today to schedule a confidential consultation with a Prosper possession of marijuana attorney.
