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Texas marijuana penalties and defenses

| Mar 15, 2021 | Drug Crimes |

In Texas, marijuana offenses can have a significant impact on the person involved. There is information available about the penalties and defenses that may be available to the accused.

Penalties

There are penalties for possession and sale of marijuana in Texas. Possession of under 2 ounces up to 4 ounces of marijuana is a misdemeanor. Sale of .25 ounces or less is also a misdemeanor.

Possession of 4 ounces up to 2000 pounds of marijuana is a felony, with varying consequences. If a person is in possession of over 2000 pounds, he or she can be sentenced to a Texas Department of Criminal Justice institution for life or between 5 and 99 years, as well as fined $50,000.

The sale of .25 ounces up to 2000 pounds of marijuana is also a felony with varying consequences. If a person sells over 2000 pounds of marijuana, he or she can be sentenced to a Texas Department of Criminal Justice institution for life or between 10 and 99 years and fined $100,000. In addition, if a person sells marijuana over .25 ounces to a minor under 17 years old and who is enrolled in school, that is also a felony.

Defenses

The U.S. constitution protects individuals from unreasonable searches and seizures under the Fourth Amendment. This extends to searches of a person’s home, vehicle and belongings. If a person can prove that his or her Fourth Amendment rights were violated, that may be a defense to a marijuana charge.

In addition, if a person can demonstrate that he or she did not possess or sell the marijuana that may also be a defense.

These are only a few examples of defenses that may be available. An experienced attorney can evaluate the circumstances of the incident and provide representation to the accused.