Penalties in Texas for Possession of Marijuana

In spite of the historically tough laws Texas has always had in place regarding possession of marijuana the state capitol of Texas hosted the NORML Marijuana March in 2012—perhaps the hottest march in history with temperatures reaching in the high 90’s. Despite the withering heat, several hundred activists walked from Austin City Hall to the State Capitol to hear a variety of NORML speakers from around the state. The NORML group is a non-profit, public interest lobby that has over four decades of representing the interests of the millions of Americans who smoke marijuana responsibly and believe there should be no crime involved when marijuana is used either medicinally or recreationally. The director of NORML as well as their legal counsel stressed they were not encouraging illegal activity, rather their sole focus was on ending the prohibition on marijuana through legal political actions.

Texas Government’s Stance on Marijuana Possession

Despite the march and the group’s repeated attempts to legalize marijuana, Texas government remains staunch about the penalties for illegal possession of marijuana. While not surprising to many, the U.S. Dept. of Health and Human Services believes as many as 100 million Americans have tried marijuana and tens of millions use it yearly. Over 800,000 Americans were arrested on marijuana charges just last year with over five million arrests for marijuana in the past decade. That being said, if you live in Texas and are caught with even a single joint, you may be charged with a class B misdemeanor which can cost you as much as $2,000 in fines, up to 180 days jail sentence for drug possession and the possible loss of your driver’s license. Assuming you have no prior felony convictions and are arrested with up to a pound of marijuana, a Texas judge must, at a minimum, impose probation with drug treatment.

There is a widespread misunderstanding that any individual who is arrested for drug possession for a small amount of marijuana will receive only a citation similar in nature to a speeding ticket. This is absolutely untrue. Texas legislation enacted in September of 2007 gives police officers the option to cite and release a person in possession of a small quantity of marijuana. In this instance the person must live in the county where the offense was committed and be arrested for drug possession consisting of less than four ounces of marijuana. Should the officer choose to exercise the option to cite and release rather than arrest, the citation is much more serious than a simple speeding ticket with drug possession punishments determined by the quantity of marijuana possessed. Texas has, without a doubt, the stiffest penalties for possession of illegal drugs in the United States, particularly marijuana. In other words, minor marijuana possession is not decriminalized in Texas as it is in many other states.

Penalties for Possession of Marijuana

Texas does follow the lead of most other states in that punishment for marijuana possession is based on the weight of the drug possessed. For possession of more than two ounces but less than four ounces the penalty is a fine of up to $4,000, as much as a year in county jail and the loss of the accused’s driver’s license for at least six months. Over four ounces and up to five pounds of marijuana can bring a fine of up to $10,000, between six months and two years in state jail and the loss of the driver’s license. There is no probation allowed for drug possession of any amount of marijuana over a pound.

Anything above the five-pound limit causes the courts to consider the accused a major drug trafficker, meaning the penalties escalate sharply. Five to fifty pounds of marijuana can bring up to ten years in prison and a $10,000 fine, while possession of 50 lbs. to a ton of marijuana carries 2-20 years in prison and a $10,000 fine. Finally, the most serious level of possession in Texas is anything over a ton which can result in life in prison and a $50,000 fine. The lesser charges of marijuana possession may be considered a “state jail felony” meaning it will count as a felony on the record of the convicted person however they will serve their sentence in a minimum security prison with non-violent offenders.

What is Constructive Possession?

Police officers in Texas can charge a person with illegal drug possession if they find marijuana in a pocket or anywhere on the body or they can charge constructive possession if the drug is found in a place that could be controlled or easily reached by the person charged. Your car, your home or even the cushions of the chair you were sitting in when the police entered your residence can fall under the constructive possession laws.

Other Factors in a Conviction for Marijuana Possession

As if the penalties in Texas for marijuana conviction weren’t stiff enough, there are many other far-reaching effects of a drug conviction. An individual who has been convicted of a drug charge may be unable to receive any type of federal funding to attend college, may have their vehicle seized or impounded, may be unable to find employment with the conviction on their record and could even lose the job they currently have. Those with felony conviction on their record may be unable to rent an apartment, apply for a professional license, work with children and may suffer the stigma of having a drug conviction in their own community.

Defenses for Possession of Marijuana

Once you have been charged with illegal drug possession, specifically possession of marijuana, the state prosecutor must prove you were actually in possession of the drug, must prove you knowingly possessed the drug and must prove you had a usable quantity in your possession. Should an individual not be in exclusive possession, the state must be able to link them to the drug through specific facts and circumstances. If an individual is unaware they are in possession of marijuana then it is not a crime; an example would be when a person borrows a friend’s car, completely unaware of the stash of marijuana in the glove box. A usable quantity is considered to be any amount sufficient to be used in rolling a cigarette therefore resin left over in a pipe is not considered to be a usable amount.

Although two bills were recently brought before the Texas legislature which centered around marijuana possession reforms, neither bill was given a hearing.

6 comments on article "Penalties in Texas for Possession of Marijuana"

Curtis Harrell

5/16/2013 11:29 AM

This needs to be updated I was arrested for possession for marijuana in 2012 around September and IT IS A CLASS C misdemeanor which is the same category as a speeding ticket if I'm not mistaken which I don't think I am and several people I know received the same thing.

Andrew Sullo

5/16/2013 1:14 PM

If you received a Class C misdemeanor it means that you possibly received a "Possession of Marijuana Paraphernalia" ticket or that the amount of marijuana that was required for charging you with a higher offense was not found. Alternatively, the officer decided to write you a ticket (Class C misdemeanor) as opposed to a Class B or A and taking you to jail. This article deals with Class B and above marijuana violations. Class C tickets are notably different in that they are very rare and usually an arrest is not involved. It is an offense you definitely want to keep off your record, just the same.

Grant

5/20/2013 3:43 PM

what do you think the consequences would be for 2 grams of marijuana, and am i still considered a minor if im 17? and if they didnt take me to jail on the spot do you think they will on my court date?

Andrew Sullo

5/20/2013 7:29 PM

Possession of 2 grams of marijuana is a Class B Misdemeanor that carries up to a $2,000 fine and/or 180 days in jail. If convicted, the driver's license would be suspended for 6 months as well. If you are 17, the case could be filed in the adult criminal court.

James

7/28/2013 4:15 PM

I received a class C ticket (citation) for marijuana possession. Can this be cleared off my record?

Andrew Sullo

7/30/2013 3:19 PM

If a class B possession of marijuana case is reduced to a class C possession and a deferred adjudication is received, then the violation can be expunged and cleared from your record. If you received a straight fine or plead guilty and went to jail on the class C possession of marijuana, on the other hand, it is a final conviction that can neither be expunged nor sealed. Please let us know if we can help you expunge your case.

Penalties in Texas for Possession of Marijuana

6 comments on article "Penalties in Texas for Possession of Marijuana"

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