Marijuana: Drug Possession vs. Drug Distribution in Texas
Are you confused by the fact that your local convenience store sells CBD products and that some states are no longer criminalizing possession of marijuana? If so, you are not alone. While marijuana laws have loosened up considerably in recent years, rest assured that possession of marijuana is still illegal in the State of Texas, and depending upon the amount you possess, you could face distribution charges. Better understanding the distinction between possession and distribution charges can help you make better-informed decisions.
In Texas, even having a small amount of marijuana in your possession can lead to jail time. The truth is that having less than 2 ounces of the drug in your possession carries a maximum penalty that includes a fine of up to $2,000 and a sentence of up to 180 days in jail. If the possession charge involves a concentrate, such as hash oil, the charge is bumped up to a felony that can carry a prison sentence of up to two years.
The charges associated with possession are predicated on the amount of marijuana involved, and these charges break down as follows:
Possession of two ounces or less is a Class B misdemeanor.
Possession of two to four ounces is a Class A misdemeanor.
Possession of four ounces to five pounds is a state jail felony.
Possession of 5 to 50 pounds is a third-degree felony.
Possession of 50 to 2,000 pounds is a second-degree felony
Make no mistake; Texas takes its marijuana possession charges exceptionally seriously.
It is important to point out that Texas takes the distribution of marijuana even more seriously. In Texas, you do not have to be paid for providing marijuana to someone else in order to face the serious charge of distribution. Consider the following:
The sale or delivery of 7 or fewer grams of marijuana (without payment) is a Class B misdemeanor that carries up to 180 days behind bars and a fine of up to $2,000, and the sale or delivery of the same amount with payment is a Class A misdemeanor that carries up to a year behind bars and a fine of up to $4,000.
The sale or delivery of from 7 grams to 5 pounds of marijuana is a state jail felony, which carries from 180 days to 2 years behind bars and a fine of up to $10,000.
The sale or delivery of from 5 pounds to 50 pounds of marijuana is a second-degree felony, which carries a sentence of from 2 to 20 years in prison and a fine of up to $10,000.
The sale or delivery of from 50 pounds to 2,000 pounds of marijuana is a first-degree felony, which carries a sentence of from 5 years to life and a fine of up to $10,000.
Regardless of the charge you face, you need an experienced Fort Hood criminal defense attorney to ensure that your rights are protected from the start.
Discuss Your Case with an Experienced Killeen Criminal Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Fort Hood for more than 20 years – is an intrepid criminal attorney with the necessary experience, legal insight, and fortitude to help you obtain your case’s best possible resolution. For more information, please do not hesitate to contact or call us at 254-501-4040 today.