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What Your Texas Marijuana Arrest Means

Although CBD and hemp are legal in the State of Texas and although recreational marijuana is legal in several states, marijuana remains illegal in Texas. This said, however, there is some wiggle room when it comes to arrests for small amounts of recreational marijuana in different jurisdictions throughout the state, which basically translates to allowing the arresting officer to make a judgment call regarding whether to make the arrest or to write a citation (Arrested? Exercise Your Right to Call a Lawyer).

Lower-Level Marijuana Offenses

There are a variety of reasons that jurisdictions throughout Texas are taking a more-lenient stance when it comes to lower-level marijuana offenses, including:] recreational marijuana is legal in several states, marijuana remains illegal in Texas

  • The wave of changes in marijuana laws across the country

  • The health factor that COVID-19 poses for those in jail (after being charged with possessing a small amount of marijuana)

  • The fact that writing citations frees officers to focus their efforts on matters that have a more significant effect on the community at large

While there has been a shift in how the police handle the simple possession of marijuana, it is important to point out that this in no way alters the fact that marijuana in any amount remains illegal in the State of Texas and that there is no guarantee that possession of even a very small amount will not lead to time behind bars.

The Consequences You Face

Even if you receive a citation (instead of being arrested) for possession of a small amount of marijuana, a conviction can have lasting consequences, and bringing your most solid defense is well advised. Consider the following:

  • A conviction of marijuana possession can negatively affect your social standing.

  • A conviction of marijuana possession can negatively affect your professional opportunities

  • A conviction of marijuana possession can negatively affect your professional licensure (in some job fields)

Simply paying the citation in an effort to forget about it and move on with your life can be more costly than you realize.

Marijuana Possession Charges

The charges and attendant penalties for marijuana possession in Texas break down as follows:

  • 2 Ounces or Less – Possession of 2 ounces or less is a Class B misdemeanor that can carry a sentence of up to 180 days in jail and up to $2,000 in fines. (A Marijuana Misdemeanor Can Negatively Affect Your College Career)

  • Between 2 and 4 Ounces – Possession of between 2 and 4 ounces is a Class A misdemeanor that can carry a sentence of up to 1 year in jail and up to $4,000 in fines.

  • Between 4 Ounces and 5 Pounds – Possession of between 4 ounces and 5 pounds is a state jail felony that can carry a sentence of from 180 days to 2 years in jail and up to $10,000 in fines.

The charges and penalties go up from here.

Seek the Legal Guidance You Need from an Experienced Killeen Criminal Defense Attorney

Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a resourceful criminal defense attorney who understands the serious potential consequences of marijuana charges and has the experience, drive, and insight to skillfully fight them. To learn more, please do not wait to contact us online or call us at 254-501-4040 today.

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