Marijuana Possession in Houston | Attorney

In Texas, possession of marijuana is punishable if a person knowingly or intentionally possesses any usable amount, even if the marijuana is for personal use. Thousands of people in Houston are arrested and charged with possession of marijuana each year.

Texas Marijuana Charges, Penalties, Defenses & More

Houston marijuana attorney Billy Skinner is an active proponent of marijuana rights and has compiled the marijuana resources below to help educate anyone charged with marijuana offenses in Houston, Texas.

Possession of Marijuana

Although most marijuana cases in Houston are Class B misdemeanors, which are the least serious type of marijuana possession, marijuana cases can range from misdemeanors to felonies. Law enforcement will often try to charge the most serious drug offense, even if the facts of the case do not merit such a serious charge. The District Attorney is often reluctant to reduce charges, especially given the tough laws on drug possession in Texas.

If you are arrested for possession of marijuana, you should immediately seek a consultation with a Houston criminal defense attorney who has experience defending marijuana cases. At the Law Offices of Billy Skinner, we can help you protect your rights and stop the damage to your life.

Marijuana is known under a variety of names, including:

• Reefer
• Pot
• Weed
• Chronic
• Bud
• Ganja
• Hydro

Marijuana Possession Legal Terms

Section 481.002 of the Texas Health and Safety Code defines marijuana as any part of the cannabis plant, including viable seeds, leaves, any compound, salt mixture, derivative, or preparation of cannabis seeds or leaves. If a person knowingly or intentionally possesses any usable amount of marijuana, he or she can be charged with possession.

Actual vs. Constructive Possession of Marijuana in Houston

In order to obtain a conviction, the DA must prove every element of possession of marijuana beyond a reasonable doubt.  There are two different types of possession:

• Actual possession occurs if the accused had physical control of marijuana on or near their person. Actual possession may occur in a pants pocket, in a purse or in the accused person’s car.
• Constructive possessionis more difficult to prove and contains the following three required elements:
  • The accused was aware of marijuana in his or her presence and knew it was an illegal drug.
  • The accused had the intent to actually possess the marijuana.
  • The accused had the physical ability to take control of the marijuana.

Penalties for Marijuana Possession in Houston

• Possession of two ounces or less is a Class B misdemeanor, punishable by up to 180 days jail and up to a $2,000 fine.
• Possession of more than two ounces but less than four ounces is a Class A misdemeanor, punishable by up to a year in jail and up to a $4,000 fine.
• Possession of more than four ounces but not more than five pounds is a third degree felony, punishable by two to ten years in prison and a fine of up to $10,000.
• Possession of more than 50 pounds but not more than 2,000 pounds is a second degree felony, punishable by two to twenty years in prison and a fine of up to $10,000.
• Possession of more than 2,000 pounds of marijuana is a first degree felony, with a punishment of life in prison or a sentence of 5-99 years in prison and a fine of up to $50,000.

Marijuana Possession Lawyer

The good news is that Harris County offers diversion programs in minor criminal cases.  If eligible, these programs can lessen the impact of a criminal conviction.  The team of lawyers, investigators and experts at the Law Offices of Billy Skinner will fight to protect your rights, clear your name and preserve your reputation.   Contact the attorneys at the Law Offices of Billy Skinner today to learn how we can help you.