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Marijuana Possession Charges in Texas

The changing laws across the nation concerning the regulation and use of Marijuana (a.k.a. bud, pot, hydro, cannabis, chronic, weed, 420) has resulted in many Texans obtaining Marijuana or Marijuana Extracts legally in states like Colorado. However, bringing legally obtained Marijuana products into Texas, including Flower, Edibles, Cartridges, Wax, Concentrates, Oils, Dabs, etc. is still a crime and will be prosecuted in the state of Texas to the full extent of the law.

In fact, Texas state troopers patrol popular highways coming into Texas like 380 and areas of Wise County, including Decatur, specifically looking for anyone who has brought Marijuana products into the state. If you or someone you know has been arrested for possession of Marijuana, edibles, concentrates, etc., you need the experienced and compassionate team of attorneys at The Nolter Law Firm on your side.

At The Nolter Law Firm we have many years of experience helping families and individuals facing criminal prosecution in North Texas, including Denton, McKinney, Gainesville and Decatur. To learn more or discuss your marijuana possession case with an attorney on our team, call our offices right away at 940-800-8025 or simply take a moment fill out our online form on this page.

Marijuana Laws in Denton, Cooke, & Wise Counties

The first thing you need to keep in mind is that the state of Texas considers marijuana possession a serious offense. This means you must take the charges against you seriously and act appropriately. The worst thing you can do is assume the court system will let you off easily because “attitudes about marijuana are changing.” While this may be true in parts of the country, the laws in Texas have not changed. In fact, any possession of Marijuana concentrate (tetrahydrocannabinol) is a felony.

This means that a conviction can result in all of the following (and more):

  • Prison or Jail Time
  • Expensive Fines
  • The Suspension of your Driver’s License
  • Having a permanent criminal record

What Is Considered a Marijuana Product in Texas?

Texas Health and Safety Codes define marijuana as:

  • The plant itself (cannabis) or any seeds from a cannabis plant.
  • Any kind of derivative or clone of a cannabis plant or seed.
  • Any compound containing cannabis (plant or seed)
  • Any salt made from cannabis (plant or seed)
  • Any mixture or other preparation or mixture containing cannabis plant or seeds.

It is also illegal to cultivate or harvest marijuana in the state of Texas. Doing so makes any such plants subject to forfeiture and seizure by law enforcement.

Exceptions include sterilized seeds that are incapable of being germinated, resin from cannabis plants, the stalks of mature plants, or cakes/oils made from the stalks or seeds of mature plants.

Possession of Marijuana Punishments

  • Under 2 Ounces – Class B Misdemeanor

  • 2 – 4 Ounces – Class A Misdemeanor

  • 4 Ounces – 5 Pounds – State Jail Felony

  • 5 – 50 Pounds – 3rd Degree Felony *

  • 50 – 200 Pounds – 2nd Degree Felony *

  • 200+ Pounds – 1st Degree Felony *

*Mandatory Minimum Sentence

Possession of Marijuana Concentrates

  • Less Than 1 Gram – State Jail Felony

  • 1 – 4 Grams – 3rd Degree Felony

  • 4 – 400 Grams 2nd Degree Felony

  • 400+ Grams – 10 Years To Life

Marijuana Trafficking – AKA “Delivery”

If it is determined by law enforcement that the marijuana they found you in possession of was something you brought into the state in order to deliver to a third party, you may also be prosecuted for trafficking. While this isn’t as common and is harder to prove, it comes with potentially much stiffer penalties.

Texas state code requires that prosecution demonstrate you knowingly and intentionally transferred marijuana to another person according to following classifications:

  • Class B Misdemeanor: no payment involved and less than ¼ of an ounce
  • Class A Misdemeanor: less than ¼ ounce, but with a payment involved
  • State Jail Felony: ¼ ounce – 5 lbs.
  • Second Degree Felony: 5 – 50 lbs.
  • First Degree Felony: 50 – 2,000 lbs.
  • Life Felony: More than 2,000 lbs. of marijuana.

Your best chance when facing any kind of potential marijuana infraction in the state of Texas is to contact a local law firm like The Nolter Law Firm immediately.

The Nolter Law Firm understands that marijuana possession is confusing with different states having different laws. Furthermore, we care about your rights and future and have the legal expertise and litigation experience needed to protect you from the worst possible outcomes in the state of Texas. Our commitment to each and every client is to do everything in our power to give you the best possible outcome for your case. Our reputation as aggressive trial attorneys is hard earned and something we are proud of because it shows we fight for our clients. No matter how serious or insignificant your possession charges are, protect yourself and your future by calling The Nolter Law Firm at 940-800-8025 now or fill out the form on this page.


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