Penalties and Punishment for Marijuana Possession in Texas

The penalties and punishments for marijuana possession in Texas will vary depending on the facts of the case. Three of the main factors which determine what penalties someone will face for a possession of marijuana charge are: (1) the amount of marijuana; (2) where the marijuana was found (such as a drug-free zone); and (3) possible aggravating factors such an allegation of possession of marijuana with intent to deliver.

For example, possession of two ounces or less of marijuana is normally classified as a Class B misdemeanor, punishable by up to 180 days in the jail and/or up to a $2,000.00 fine. However, if someone possesses that same amount of marijuana within 1000 feet of a school or park, then the marijuana possession can be charged as a Class A misdemeanor, punishable by up to one year in the jail and/or up to a $4,000.00. Although the majority of  marijuana possession cases in Texas are prosecuted as misdemeanors, felony marijuana charges are one of the most common type of felony charges filed in Austin and Travis County.

Additionally, a conviction for possession of marijuana or any other illegal drug can also result in the suspension of your driver’s license for up to six months and a permanent mark on your criminal record.  A felony conviction for marijuana possession in Texas can prevent you from owning or possessing a firearm, take away your right to vote and leave you with the stigma of being a convicted felon.

Marijuana Lawyer Defending Austin and Travis County

If you have been arrested, charged or been given a ticket for possession of marijuana or another drug-related charge in Austin or Travis County and are confused or unsure how to proceed, please call Criminal Defense Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.