Marijuana is referred to in the Texas Controlled Substances Act found in Chapter 481 of the Texas Health and Safety Code as “marihuana,” but the drug is not classified under any Penalty Group. It nonetheless remains a controlled substance for which it is illegal to possess any amount.
While a smaller amount of possession of marijuana is a misdemeanor offense, certain amounts can lead to felony charges. A conviction for any marijuana-related crime can have a multitude of long-term consequences.
Were you or your loved one arrested for marijuana possession in Fort Worth, Arlington, Grapevine, Keller, or Southlake, TX? Prosecutors expect guilty pleas in these cases but you may be able to fight to get your charges reduced or dismissed.
The Law Offices of Richard C. McConathy will aggressively defend you and work to achieve the most favorable possible outcome. Call (817) 422-5350 or contact us online to take advantage of a consultation.
Texas Health and Safety Code § 481.121 establishes that a person commits “possession of marihuana” when they knowingly or intentionally possess a usable quantity of marijuana. The amount of marijuana allegedly possessed dictates the classification of the crime, with offenses usually being graded as follows:
How your crime was classified will determine the extent of the consequences you face. In general, crimes in Texas are punishable as follows:
People convicted of any offense under the Controlled Substances Act will automatically have their driver’s licenses suspended under Texas Transportation Code § 521.372. The suspension typically lasts 180 days, and the Texas Department of Public Safety (DPS) will not issue licenses to any convicted individuals who did not hold a valid license at the time of their offenses.
In some cases, an alleged offender may be able to argue that they were not the actual owner of the marijuana involved. Some people may be charged for possession cases involving shared homes or vehicles.
One common factor in many marijuana possession cases concerns how authorities discovered and obtained the marijuana involved. If police used an illegal search and seizure in your case, the drugs could be inadmissible in court and the criminal charges will likely be thrown out.
House Bill 1325 made hemp legal in Texas as long as the THC content is .3 percent or less. THC is the chemical cannabinoid that gives marijuana its psychoactive effects. Hemp has a lower THC content than marijuana, and it is not psychoactive.
Hemp and marijuana both come from the cannabis sativa plant. However, there are some physical differences between the two plants. Hemp has leaner leaves, while marijuana has bushier leaves. Additionally, hemp plants are typically taller than marijuana plants.
Despite these physical differences, it can be difficult to distinguish between hemp and marijuana with the naked eye. This is because the THC content of a plant can vary depending on the growing conditions. For example, a hemp plant that is grown in a high-THC environment may have a THC content that is higher than .3 percent.
The Texas Department of Agriculture (TDA) is responsible for enforcing the state’s hemp laws. The TDA has developed a testing protocol for determining the THC content of hemp plants. However, the TDA has not yet approved any labs to test for THC content. As a result, many local labs have decided not to test for THC concentrations.
This lack of testing has created a challenge for law enforcement officers who are trying to enforce the state’s hemp laws. If an officer stops a vehicle and suspects that the driver is in possession of marijuana, the officer may not be able to determine if the plant is actually hemp or marijuana.
This is where we come in. We specialize in defending clients who have been charged with marijuana-related offenses. We have extensive experience working with the TDA and local law enforcement agencies. We know the law and we know how to challenge the evidence against our clients.
If you have been charged with a marijuana-related offense, we encourage you to contact us as soon as possible. We will review your case and develop a defense strategy that is tailored to your specific needs.
Our skilled lawyers in Fort Worth know how important it is to keep a marijuana conviction off a person’s record. The direct and collateral consequences of such a conviction can be severe and archaic.
We have successfully defended hundreds of marijuana cases. Some cases are resolved through diversion, while others are resolved through good old fashioned defense work. Some of our strategies, in appropriate cases, involve:
If you have been charged with a marijuana-related offense, we encourage you to contact us as soon as possible. We will review your case and develop a defense strategy that is tailored to your specific needs.
Texans for Responsible Marijuana Policy — Identified as a coalition of organizations and individuals committed to promoting an honest dialogue about marijuana use and the negative effects of its criminalization and removing penalties for possession of marijuana for personal use, the mission of Texans for Responsible Marijuana Policy includes allowing seriously and terminally ill patients to safely obtain and use medical marijuana if their doctors recommend it. It also wants to open a safe, legal market where Texas business owners cultivate and sell marijuana to adult consumers with accountability and reasonable oversight. You can learn about coalition partners such as the Texas National Organization for the Reform of Marijuana Laws (NORML), a trans-partisan, educational 501(c)(4) nonprofit organization that focuses on cannabis law reform, and Law Enforcement Action Partnership (LEAP), a 501(c)(3) nonprofit organization made up of current and former members of the law enforcement and criminal justice communities who are speaking out about the failures of our existing drug policies.
Texas DPS | Texas Arrest Data — Marijuana accounts for a majority of drug possession and general drug abuse arrests in this 2015 report summarizing Texas arrests. The DPS website also contains data for 2016 and 2017 in Excel files. According to KRWG-TV/FM, 97 percent of marijuana arrests in 2015 were for possession of 2 ounces or less.
If you or your loved one were arrested for alleged marijuana possession in Fort Worth or another community in Tarrant County, do not go into court alone. Have an experienced and capable criminal defense lawyer on your side.
The Law Offices of Richard C. McConathy will examine your case and identify the strongest possible defense options. We will answer all of your legal questions when you call (817) 422-5350 or contact us online to set up a consultation.