Were you arrested for marijuana possession in McKinney, Texas? Texas continues to treat marijuana as a controlled substance and imposes serious criminal penalties in cases like these as a result, including if you were behind the wheel of a motor vehicle at the time.
However, the good news is that a charge does not have to become a conviction. Texas Defense Firm has the resources to challenge these cases aggressively from the start. Our McKinney marijuana possession lawyers bring 200+ years of combined experience and are passionate about helping those accused of crimes in our local community.
To explore your legal rights and the path forward, connect with a McKinney drug crimes attorney for a confidential discussion. Call (972) 369-0577 today.
How Can Texas Defense Firm Help Me With Marijuana Possession Charges in McKinney, TX?
Prosecutors in Collin County take marijuana crime cases seriously and may pursue significant penalties when the evidence supports them. Hiring a McKinney criminal defense attorney who is equally prepared and knows how to identify weaknesses in the state’s case can make a meaningful difference.
That is exactly the kind of representation Texas Defense Firm is committed to providing each defendant we work with.
A McKinney marijuana crimes attorney can:
- Examine the circumstances of your arrest, including whether law enforcement had legal grounds to stop or search you
- Challenge the admissibility of evidence obtained in violation of your constitutional rights
- Determine whether the state can prove the substance was marijuana rather than legal hemp
- Review laboratory results, weight calculations, and chain-of-custody records
- Explore your eligibility for options that could keep a conviction off your record
- Negotiate with prosecutors to drop charges, or another appropriate resolution
- Prepare a trial-ready defense if your case cannot be resolved through negotiation
We understand how Collin County prosecutors build drug cases in McKinney, TX, and how to challenge weak or unreliable evidence. Contact us today to learn more and start building your defense case.
Texas Marijuana Possession Law
Marijuana remains illegal in Texas under Health and Safety Code § 481.121. At its core, this offense requires proof that you knowingly or intentionally possessed a usable quantity of the substance.
Possession does not always require the substance to be found in your pocket or directly on your body. Prosecutors could instead rely on constructive possession, which generally requires evidence showing that you knew that you had the drugs and exercised control over them.
A McKinney drug crimes lawyer from Texas Defense Firm can help you fight these charges by challenging the prosecution’s case, working to keep your rights protected every step of the way.
What Are the Penalties for Marijuana Possession in McKinney, Texas?
The possible charge and punishment depend largely on the weight of the marijuana allegedly involved.
For marijuana plant material (flower), Texas law generally assigns the following penalties:
- Two ounces or less: A Class B misdemeanor, punishable by 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 state jail and a fine of up to $10,000
- More than five pounds but 50 pounds or less: 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 2,000 pounds or less: 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: Punishable by five to 99 years or life in prison and a fine of up to $50,000
Additional penalties may apply when an offense occurs in a designated drug-free zone, including certain areas near schools, playgrounds, and youth centers. Whether an enhancement applies depends on the specific offense, location, distance, and surrounding facts.
A McKinney criminal defense lawyer can help you understand the penalties you face and whether your charges involve factors that could increase them.
What Defenses Are Available in McKinney Marijuana Possession Cases?
Texas marijuana cases have significantly changed since the 2019 legalization of hemp under HB 1325. Because marijuana and hemp are visually identical, the prosecution must now prove through laboratory testing that the substance in question contains more than 0.3% THC.
However, without lab confirmation or reliable testing, proving a marijuana possession charge may become more difficult.
Depending on the facts of your case, there may be other strategies or defenses available.
These include:
- The search that produced the evidence was conducted without a valid warrant or probable cause
- You were not aware that the substance was in your possession, such as when it belonged to someone else in a shared vehicle
- There are chain of custody problems with how the evidence was handled
- The amount was weighed incorrectly
- The substance was misclassified by law enforcement
- You qualify for a pretrial diversion program that results in dismissal upon completion
Every case has its own facts, and the right defense depends entirely on the details. Our McKinney marijuana possession attorneys can evaluate your case thoroughly before recommending a course of action.
Schedule a Consultation With Our McKinney Marijuana Possession Lawyers Today
A marijuana possession charge in McKinney, TX, does not have to define your future. Texas Defense Firm has defended clients against drug charges at every level, including cases involving marijuana possession. Drawing on 200+ years of combined experience, our attorneys know how the state prosecutes these cases and leverage that insight to build strong defense strategies.
Contact our McKinney marijuana possession attorneys today to schedule an initial consultation. We’re ready to fight for your rights every step of the way, including all the way at trial if that’s what it takes.
