Despite shifting marijuana laws across the country, Texas still treats marijuana possession as a criminal offense. A conviction may affect employment, housing, professional licensing, and other future opportunities.
If you have been charged with marijuana possession in Plano, Texas, an experienced criminal defense attorney can protect your rights, examine the state’s evidence, and help you understand your options from the start. Call Texas Defense Firm today at (972) 369-0577 to schedule a confidential consultation with a Plano marijuana possession lawyer.
Why Hire Texas Defense Firm’s Plano Criminal Defense Attorneys After a Marijuana Arrest?
When you are facing a marijuana possession charge in Plano, TX, the firm you choose matters. Texas Defense Firm brings extensive criminal defense experience and local knowledge to each marijuana possession case.
Our Plano drug crimes attorneys offer:
- 200+ years of combined experience
- Hundreds of five-star Google reviews from clients and their families
- Attorneys recognized by Super Lawyers
- Familiarity with Plano and Collin County court procedures, prosecutors, and local practices
Working with a local firm can be valuable when your case is filed in Collin County. Texas Defense Firm is part of this legal community, and that experience helps our attorneys prepare for the procedures and issues that often arise in drug crime cases.
Call us to schedule your consultation with a Plano criminal defense lawyer.
What Is Marijuana Possession Under Texas Law?
Recreational marijuana possession remains illegal in Texas. Unlike states that have moved toward broader legalization or decriminalization, Texas imposes penalties that range from a misdemeanor to decades in prison, depending largely on the amount and type of substance involved.
Texas does permit certain patients to obtain low-THC cannabis through the Compassionate Use Program. State law defines low-THC cannabis as cannabis and qualifying cannabis derivatives containing no more than 1.0% by weight of tetrahydrocannabinols.
A registered physician must prescribe the product for an eligible patient, and it must be obtained through a licensed dispensing organization. Texas does not authorize smoking cannabis through the program, and an out-of-state medical marijuana card does not authorize possession outside the Texas program.
Possession outside the Compassionate Use Program or another statutory exception may lead to criminal charges. Our Plano drug crimes lawyers can assist you in understanding your rights and options if you are facing charges related to marijuana possession.
What Are the Penalties for Marijuana Possession in Plano, Texas?
The penalties for marijuana possession in Texas depend primarily on the weight of the marijuana flower involved. Different rules apply to THC concentrates, vape cartridges, and certain edibles.
Marijuana Flower Penalties
The Texas Health and Safety Code scales penalties according to the amount allegedly possessed:
- Two ounces or less: A Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000
- More than two ounces but four ounces or less: A Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000
- More than four ounces but five pounds or less: 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 50 pounds or less: A third-degree felony, carrying two to 10 years in prison and a fine of up to $10,000
- More than 50 pounds but 2,000 pounds or less: A second-degree felony, carrying two to 20 years in prison and a fine of up to $10,000
- More than 2,000 pounds: Punishable by five to 99 years or life in prison and a fine of up to $50,000
The facts of the arrest may also affect the potential punishment. For example, enhanced penalties may apply in certain drug-free zones.
Penalties for Possessing Concentrates, Vapes, and Edibles
Unlawful THC concentrates, vape cartridges, waxes, and certain edibles may be prosecuted under Penalty Group 2 rather than the marijuana-possession statute.
Possession of less than one gram of a Penalty Group 2 controlled substance may be charged as a state jail felony. The applicable charge can depend on the product’s THC content, aggregate weight, laboratory results, and whether it qualifies as lawful hemp or authorized low-THC cannabis.
Because Texas may consider the weight of the entire mixture or preparation, even a small cartridge or edible can result in a serious charge.
Collateral Consequences of a Conviction
The sentence imposed by the court is not the only concern after a marijuana possession conviction. A criminal record may affect employment, housing, professional licenses, educational opportunities, immigration status, and other areas of a person’s life.
A prior conviction may also affect the punishment imposed in a future criminal case. The consequences are not the same for everyone, which makes it important to review the charge and possible resolutions before accepting a plea agreement.
What Defenses Can Be Raised If I’m Arrested for Marijuana Possession in Plano?
Being arrested for marijuana possession in Texas does not automatically mean you will be convicted. The prosecution still has to prove every element of its case beyond a reasonable doubt.
The defenses available will depend on how the arrest happened, where the substance was found, and what evidence connects it to you.
Unlawful Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. Law enforcement must have a valid legal basis before searching a person, vehicle, home, or other property.
If marijuana was discovered during a search that violated your constitutional rights, an attorney may ask the court to suppress the evidence. If key evidence is excluded, the prosecution may have difficulty proving the charge.
Lack of Possession or Knowledge
The state must prove that you knowingly or intentionally exercised care, custody, control, or management over the marijuana.
When drugs are found in a shared vehicle, home, or common area, proximity alone may not establish possession. The prosecution must present evidence connecting the substance to a specific person.
Marijuana Misidentified as Hemp
Hemp and marijuana can look and smell alike. If the state cannot establish that the seized substance exceeded the legal THC limit for hemp, 0.3% or less of delta-9 THC on a dry-weight basis. This limit aligns with both federal guidelines and the Texas Hemp Act. Without this proof, the state may have difficulty proving that the substance was illegal marijuana.
Laboratory results, testing methods, chain-of-custody records, and the handling of the evidence may all require close review.
Lawful Possession Under the Compassionate Use Program
A qualifying patient or legal guardian may be exempt from Texas marijuana-possession laws when low-THC cannabis was prescribed through the Compassionate Use Program and obtained from a licensed dispensing organization.
That protection does not extend to marijuana or cannabis products acquired outside the program. Whether the exception applies depends on the patient’s eligibility, prescription, product, and source.
Problems With the Weight or Handling of the Evidence
The alleged weight of the substance can determine whether the charge is a misdemeanor or felony. Errors involving packaging, mixtures, laboratory measurements, or aggregate weight may affect the level of the offense.
Breaks in the chain of custody may also raise questions about whether the evidence tested was the same evidence seized during the arrest.
These are only some of the issues a criminal defense lawyer may examine. The right approach depends on the facts of the arrest and the evidence the prosecution intends to use.
Schedule a Confidential Case Evaluation With Our Plano Marijuana Possession Attorneys Today
A marijuana possession charge in Texas is not a minor inconvenience. The penalties may be harsher than many people expect, and a conviction can remain on your record for years.
Texas Defense Firm represents people facing marijuana charges in Plano and throughout Collin County. Our attorneys are prepared to examine the search, challenge unreliable evidence, and pursue an appropriate resolution based on the facts.
Call us today to schedule a confidential case evaluation with a Plano marijuana possession lawyer.
