Charged with Marijuana Possession in Texas: What To Do First
If you’ve been charged with marijuana possession in Texas, especially in areas like Conroe, The Woodlands, Montgomery, or Walker County, it’s crucial to understand your rights and the steps you need to take immediately. The laws surrounding marijuana are strict in Texas, and even a small amount can lead to serious legal consequences. Here’s what you should know and do right away if you find yourself in this situation.
Understanding Marijuana Possession Charges in Texas
Texas law categorizes marijuana (referred to as “marihuana” in the Texas Health and Safety Code) as a controlled substance. Possession is illegal, with penalties that vary based on the amount involved:
- Under 2 ounces: Class B misdemeanor, up to 180 days in jail and a $2,000 fine.
- 2 to 4 ounces: Class A misdemeanor, up to 1 year in jail and a $4,000 fine.
- 4 ounces to 5 pounds: State jail felony, 180 days to 2 years in state jail and a $10,000 fine.
Even a small amount can result in a permanent criminal record, which may impact employment, housing, education, and more. For related information, visit our White Collar Offenses and Theft, Robbery, Burglary pages.
First Steps After a Marijuana Possession Arrest
1. Stay Calm and Exercise Your Rights
- Do not resist arrest or argue with law enforcement.
- Politely invoke your right to remain silent.
- Request an attorney before answering any questions.
2. Document Everything
- Record details about your arrest while they are fresh (location, time, officer names, what was said/done).
- Note if your vehicle or property was searched, and whether you consented.
3. Contact a Criminal Defense Attorney Immediately
- Retain a knowledgeable Texas criminal defense attorney experienced in drug charges. Griffin & Cain, Attorneys at Law, PC provides dedicated legal defense across Conroe, The Woodlands, and surrounding counties.
- Early legal guidance can make a significant difference in the outcome.
4. Understand Your Charges and Potential Defenses
- Your lawyer will explain the specific charges against you and examine potential legal defenses, such as unlawful search and seizure or lack of possession evidence.
Potential Defenses Against Possession Charges
- Illegal Search and Seizure: If law enforcement searched your home, vehicle, or person without proper cause or a valid warrant, evidence may be suppressed.
- Lack of Possession: The prosecution must prove you knowingly possessed marijuana. If it was found in a shared space, this could be disputed.
- Medical Marijuana Confusion: While Texas does have limited medical marijuana laws, unauthorized possession still leads to charges. However, medical use could potentially mitigate sentencing.
- Substance Misidentification: The substance must be properly tested to confirm it was marijuana.
Diversion Programs and Expunction Options
For first-time offenders, some Texas counties offer diversion programs that can lead to dismissal of charges upon successful completion. Your attorney may help you:
- Enter a pre-trial diversion or deferred adjudication program.
- Seek expunction of your criminal record after completing the program, under specific conditions.
Learn more about expunctions and clearing your record. If you’re considering post-conviction relief, visit our DWI or Domestic Violence service pages to see how we help clients move forward.
Local Insight: Marijuana Charges in Montgomery and Walker County
Law enforcement and prosecutors in Montgomery County and Walker County take drug charges seriously. Local policies may affect how aggressively charges are pursued. Griffin & Cain has years of experience navigating these jurisdictions, and their familiarity with local courts is an asset to your defense.
FAQs About Marijuana Possession in Texas
Is marijuana decriminalized in Texas?
No. Texas has not decriminalized marijuana. Even small amounts can lead to criminal charges.
Will I go to jail for a first-time offense?
Possibly, but a skilled attorney may help you avoid jail through a plea deal, diversion program, or case dismissal.
What happens if I was caught with marijuana in a vehicle?
You may face possession charges and potential enhancements, especially if the marijuana was in plain view or you admitted knowledge. See our insights on ALR License Suspensions if your case involved a traffic stop.
Can I clear my record if I complete a diversion program?
In many cases, yes. You may qualify for an expunction or nondisclosure. Learn more here.
Why You Need a Local Criminal Defense Attorney
Hiring an attorney who understands Texas drug laws and local court practices is essential. At Griffin & Cain, Attorneys at Law, PC, we provide aggressive, experienced defense for marijuana charges in:
We also handle related criminal charges, including expunctions, domestic violence, and DWI.
Contact Griffin & Cain Today
If you or a loved one has been charged with marijuana possession in Texas, don’t wait. Contact Griffin & Cain, Attorneys at Law, PC for a confidential consultation. We’re here to defend your rights and guide you through the legal process.
