Can I Face Drug Charges in Texas for Possessing or Using Marijuana?

 Posted on June 10, 2022 in Criminal Defense

Even though the use of marijuana has become more accepted in many parts of the United States, it is still considered to be an illegal drug in many locations. Texas is the largest state that still treats marijuana as an illegal controlled substance, and residents of the state who are found in possession of marijuana could potentially be charged with drug crimes, including simple possession charges or more serious offenses related to manufacturing or distributing marijuana.

Will Texas’ Marijuana Laws Change in the Future?

A recent poll showed that a significant majority of Texans support the legalization of marijuana. Overall, 83 percent of people in the state are in favor of legalizing the drug for medical use. People are less in favor of the legalization of recreational marijuana, but 60 percent of the state’s residents are in favor of doing so. However, despite public support, Governor Greg Abbott and other lawmakers have stated that they believe recreational marijuana should remain illegal, although they have made an effort to expand its availability for medical purposes. 

The possession and use of marijuana continues to be an issue due to the legalization of the drug in other states. Most recently, New Mexico has allowed the recreational use of marijuana, and this may lead people to travel to that state, purchase marijuana, and bring it back to Texas. Law enforcement officials have warned against this practice, stating that they will continue to enforce Texas’ drug laws and prosecute those who are found in possession of marijuana. 

Potential Criminal Charges Related to Marijuana

Possession of any usable amount of marijuana is generally illegal in Texas, although some patients may have authorization to use the drug for medical purposes, including those who have been diagnosed with cancer, epilepsy, multiple sclerosis, or PTSD. Possession of two ounces or less of marijuana is a Class B misdemeanor, which could result in a jail sentence of up to six months. Possession of two to four ounces is a Class A misdemeanor, which could result in a sentence of up to one year in prison. Possession of more than four ounces is a felony with a minimum sentence of one year, and more serious felony charges will apply as the amounts increase.

Fortunately for many Texas residents, marijuana decriminalization efforts may provide protection against prosecution in some cases. For example, voters in Austin recently passed an ordinance that prevents police officers from performing arrests or issuing tickets for most misdemeanor marijuana possession offenses. 

Contact Our Austin Marijuana Possession Defense Attorneys

Even though Austin residents may have some protections against being charged with marijuana offenses, possession of higher amounts could lead to serious criminal charges. In some cases, a person may face accusations of marijuana distribution or trafficking, which are taken very seriously by law enforcement officials and prosecutors. To successfully defend against these charges, it is crucial to work with an experienced attorney. Morales Law Office, Attorneys at Law, PLLC. can help you understand your options in these situations, and we will advocate on your behalf to help you avoid a conviction whenever possible. Contact our Travis County marijuana charges lawyers at 512-474-2222 to set up a free consultation today.

Sources:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.121

https://www.dallasnews.com/news/politics/2022/05/17/most-texans-support-legalizing-pot-but-texas-gov-greg-abbott-says-no/

https://www.kxan.com/news/texas-politics/whats-next-for-texas-as-neighboring-new-mexico-legalizes-recreational-marijuana/