Marijuana Defense

Possession of Marijuana in Texas Defense Lawyer Fighting For Your Rights!

In Texas, possession of marijuana cases are based on weight. Possession of under two ounces of marijuana is considered a Class B misdemeanor. This kind of charge is punishable by up to 180 days of incarceration and a potential fine of up to $2,000. On the other hand, possession of two to four ounces of marijuana is also a misdemeanor but carries heavier potential penalties. It is punishable by up to a year of incarceration and a fine of up to $4,000 if the defendant is convicted. Possession of over four ounces of marijuana is a felony charge, and, if convicted, the defendant is subject to mandatory minimum sentences.

However, most cases in which individuals are charged with possession of marijuana involve small amounts held by one individual for personal use. Our possession of marijuana defense attorneys can provide strong representation for defendants charged in any of these types of cases, at any level of charges. In the case of possession charges based on small personal amounts, these cases can often be resolved with probation, court-ordered treatment and even dismissed charges.

Our possession of marijuana defense attorneys are looking to defend your interests. We want to protect you from jail, probation, community service or other sentences as well as the potential harm caused by a drug conviction on your record. We know that these charges can have a serious impact on your life and we have the dedication, expertise, and knowledge to help you make a strong defense.

Possession of Drug Paraphernalia

At times, people facing marijuana possession charges in Texas are also charged with possession of “drug paraphernalia.” In the law, this is defined as any item that is used for the packaging, processing or consumption of drugs. This term doesn’t need to be applied only to items that can only be used with drugs – in this case, marijuana. It can also include household items like envelopes, bags, spoons or scales.

In possession of marijuana cases, drug paraphernalia charges often are related to pipes or bongs. Sometimes paraphernalia charges are combined with possession of marijuana charges as well. On its own, possession of drug paraphernalia is a Class C misdemeanor, punishable upon conviction by a fine of up to $500. At The Law Office of Chris Arce, our possession of marijuana defense attorneys are also skilled at providing a strong defense to paraphernalia charges.

Criminal Penalties for Marijuana Possession in Texas

Weight          Classification             Max Penalty

<2 ounces    Class B Misdemeanor  6 months

4 ozs-5 lbs   State Jail Felony         6 months-2 years

5-50 lbs         3rd Degree Felony      2-10 years

50-2,000 lbs   2nd Degree Felony     2 -20 years

Over 2,000lbs  1st Degree Felony     5-99 years or life

Penalties for Manufacture or delivery of marijuana are listed under Section 481.120 of the Texas Health and Safety Code, When imposing punishment for marijuana possession, the court takes into consideration your criminal background and the amount of marijuana found. Any misdemeanor marijuana or felony marijuana conviction will cause the suspension of your Texas driver’s license. Anyone facing marijuana charges should contact an experienced lawyer immediately.

Do I Need a Drug Lawyer to Fight My Possession of Marijuana Charge?

Many people facing a possession of marijuana charge ask the question, “Do I need a drug lawyer to fight my marijuana charge?” The answer is Yes. In many marijuana cases, there may not be enough evidence to prove the case. The arresting officer may have violated your constitutional rights during his search for the marijuana, especially if the search was conducted without a warrant or without probable cause. Without the knowledge and the reputation of an experienced marijuana defense lawyer, the accused in a possession of marijuana case stands little chance against the prosecutor. Without representation, you will not be taken seriously by either the judge  or the prosecutor.

An experienced marijuana defense lawyer will know exactly what the prosecutor needs to prove their case against you and will expose the weaknesses of their case. 

Possession of Marijuana

Marijuana is the most commonly used illicit substance in Texas and throughout the United States. While recreational and medical use of marijuana is perfectly legal in some states, Texas is not one of them. Law enforcement in Texas takes marijuana possession and trafficking charges very seriously. If you have been arrested for possession of marijuana, you will need an experienced criminal defense attorney who can vigorously defend you from these charges, as a conviction can result in a long jail sentence, hefty fines, and possibly even affect your driving privileges.


Penalties For Conviction of Possession of Marijuana

A conviction for possession of marijuana can have serious consequences, and might continue to affect your life long after you have served your time. The severity of punishment runs in correlation with the amount of marijuana you are charged with possessing.


Under the Texas Code of Criminal Procedure, penalties for possession are as follows:


Less than 2 ounces – Class B Misdemeanor, resulting in up to 180 days in jail along with a fine of up to $2,000.00

2-4 ounces – Class A Misdemeanor, resulting in up to a year in jail along with a fine of up to $4,000.00

4 oz – 5 lbs – State Jail Felony, resulting in up to 2 years in state jail along with a fine of up to $10,000.00

5 – 50 lbs – 3rd Degree Felony, resulting in up to 10 years in prison along with a fine of up to $10,000.00.

50 – 2,000 lbs – 2nd Degree Felony, resulting in up to 20 years in prison along with a fine of up to $10,000.00

Over 2,000 lbs – 1st Degree Felony, resulting in up to 99 years in prison along with a fine of up to $10,000.00

What Is the Most Likely Outcome for a Simple Marijuana Possession Charge in Texas?

If you are accused of a first offense of possessing less than 2 ounces of marijuana, it is likely you can work out a deal or even get your case dismissed in exchange for agreeing to drug treatment programs or some community service. If you don’t get in any additional trouble in a set amount of time, the case may be dismissed or continued indefinitely.


These programs are called diversion programs and are meant to avoid harsh penalties for first offenders. Some Texas counties also have drug courts, where the court intervenes with intensive monitoring of drug use and other mandatory programs in exchange for dismissing the possession charge in the future.


If you feel you may have a marijuana addiction problem, agreeing to drug treatment can be an excellent option as part of a plea agreement.


The goal in these cases is to avoid a permanent criminal record. We can discuss exactly what your options are, and what kind of deal we think we can get for you after hearing about your case and reviewing the evidence against you as part of our free consultation.

Legal Strategy Session.

Request yours today by filling out form below.


This form submission does not establish an attorney-client relationship.

State And Federal Criminal Attorney Is Only A Phone Call Away, (210) 882-0220.


Whether you are facing drug charges, weapons charges, racketeering charges or any other criminal allegations, Chris Arce has the experience and reputation to fight for your rights. To schedule your legal strategy session, please contact Mr Arce’s office at 210-882-0220 or by email.

Get In Touch About Your Case

Fill out the form below and Attorney Chris Arce will respond right away.

Call Us