McKinney, Texas Marijuana Crimes Defense Attorneys
Lawyers Defending Against Criminal Charges Involving Marijuana or THC in McKinney
While attitudes toward marijuana have shifted in many parts of the country, the laws in Texas have not followed these trends. Marijuana is classified as an illegal controlled substance under Texas law, and people can be charged with drug crimes if they allegedly possess marijuana plants or products containing THC. At Texas Defense Firm, our attorneys can provide representation for people who are facing marijuana charges. We will work to resolve these cases successfully while minimizing the penalties that people may face as they address accusations of drug possession or other drug charges.
Marijuana Is Illegal Under Texas Law
Unlike a growing number of states, Texas has not legalized marijuana for recreational use, and the use of medical cannabis may only be allowed in limited circumstances. Because of the state's laws, the possession of marijuana or THC products can result in criminal charges, even if the products were purchased legally in another state. A person who is returning to Texas from a state where recreational marijuana is legal, a college student who brings products home from another state, or anyone else who is accused of possessing marijuana may be arrested and charged with a drug possession offense.
Penalties for Marijuana Possession
The specific charges that a person may face will be based on the amount of marijuana that they allegedly possessed. When a case involves less than two ounces, a person may be charged with a Class B misdemeanor, and they could be sentenced to up to six months in county jail and fined up to $2,000. Two to four ounces may lead to Class A misdemeanor charges with penalties that may include up to one year in jail and/or a maximum fine of $4,000. In cases involving four ounces or more, a person may face felony charges, and a conviction could lead to a multi-year prison sentence and/or fines as high as $10,000.
When Marijuana Charges May Escalate to Possession With Intent to Distribute
A marijuana possession charge can be more serious if a person allegedly intended to distribute the substance to someone else. Evidence that may support increased charges includes the possession of a large amount of marijuana, the possession of marijuana that has been divided into multiple small containers indicating that the drugs could be sold to others, or large amounts of cash found in a person's home or other property. The penalties in these cases can be harsher than a person would face if they were charged with simple possession of marijuana, with felony charges applying in cases involving more than one-fourth of an ounce.
Unique Issues Involving THC Concentrates and Edibles
In addition to the charges that may apply for cannabis plants, people may be charged with drug crimes when they have allegedly possessed THC vape cartridges, edibles, or other similar products. These products fall into a different legal category from marijuana. THC is included in Penalty Group 2, and possession of any amount is a felony offense. Even a very small amount of a THC concentrate can result in serious criminal charges, a lengthy jail sentence, massive fines, and other penalties.
These cases may also be affected by the way the weight of drugs is determined when charging a person with a criminal offense. Under Texas law, the aggregate weight of a product will be considered rather than the actual amount of THC that was present. Charges may be based on the full weight of a vape cartridge, the total weight of edibles, or the weight of foods like brownies that contain THC.
Possession of less than one gram of a THC concentrate is a state jail felony, but third-degree felony charges will apply in cases involving more than one gram, and second-degree felony charges may apply for more than four grams. Because the total weight of a THC product is likely to exceed these amounts, possession of a single vape cartridge or a few edibles could lead to serious felony charges, an extended prison sentence, and a permanent criminal record.
Legal Representation When Defending Against Marijuana Charges
Our attorneys will closely review the facts involved in drug crime cases involving marijuana or THC. We can look at how different substances may be classified and how they have been tested and weighed. The technical details involved in a case can have an impact on the severity of the charges a person may face.
We will look at whether laboratory testing was conducted correctly and whether aggregate weight calculations were based on the proper legal standards. We can determine the best defense strategies to use to help defend against a conviction for marijuana or THC possession or distribution, working to resolve cases while minimizing the effects on our clients' lives.
Contact Our McKinney, TX Marijuana Crimes Defense Lawyers
Because the laws related to marijuana and THC are different in Texas than in many other states, anyone who is facing marijuana charges will need to work with a lawyer who understands the best options for defense. At Texas Defense Firm, we have the experience needed to address these charges correctly. We can provide effective representation while advocating for solutions that will reduce the long-term penalties that a person may face. Contact our McKinney marijuana charges attorneys at 972-369-0577 to set up a free consultation.
