Texas has some of the strictest drug laws in the country, and marijuana possession is no exception. In Texas, an individual can be charged with possession of marijuana if they knowingly or intentionally possess any useable amount of marijuana. If you have been accused of marijuana possession, hiring an experienced Frisco criminal defense attorney is critical.

Marijuana Possession in Texas

What are the Penalties for Marijuana Possession in Texas?

The penalty for marijuana possession in Texas ranges. The severity of your sentence will depend on various factors, primarily the amount of marijuana in your possession. Even possession of the smallest amount of marijuana can result in fines and jail time.




2 oz or less

Class B Misdemeanor Not more than 180 days in county jail and a fine of not more than $2,000

2 – 4 oz

Class A Misdemeanor

Not more than one year in county jail and a fine of not more than $4,000

4 oz – 5 lbs

State Jail Felony

180 days to 2 years in state jail and a fine of not more than $10,000

5 – 50 lbs

Third-Degree Felony

2 to 10 years in state prison and a fine of not more than $10,000

50 – 2,000 lbs

Second-Degree Felony

2 to 20 years in state prison and a fine of not more than $10,000

More than 2,000 lbs First-Degree Felony

5 to 99 years in state prison and a fine of not more than $50,000

Whether you are charged with a misdemeanor or a felony, a criminal conviction on your record can have serious consequences. It can cause difficulty getting a job, obtaining a loan or student aid, and renting an apartment or house. Every criminal charge must be taken seriously.

If it is your first offense and you are accused of possessing less than 2 ounces of marijuana, you may be able to get your case dismissed in exchange for agreeing to a drug diversion program. Typically, the programs run between twelve and eighteen months, during which participants receive court-supervised treatment.

Is Medical Marijuana Legal in Texas?

Medical marijuana is legal in Texas under limited circumstances. The Texas Compassionate Use Act allows “low-THC cannabis” for limited medical purposes, such as severe seizure disorders and terminal cancer. Low-THC cannabis is any cannabis product that has a THC level of less than .05%.

What are Defenses to Marijuana Possession in Texas?

Just because you have been accused of marijuana possession in Frisco does not mean you will be found guilty. To be convicted, the state must prove beyond a reasonable doubt that you knowingly or intentionally possessed marijuana. There are various defenses that a qualified attorney could raise in your case, depending on the unique facts of your case. Below are four common defenses in marijuana possession cases.

You lacked the requisite intent. You must knowingly or intentionally possess marijuana to be convicted. Your attorney can argue that you were not aware that the drugs were in your possession. Perhaps someone slipped the drugs into your bag or glove compartment without your knowledge.
You did not possess marijuana. The state must prove that you were in possession of the drug. For example, if the police found marijuana in the glove compartment of the car you were driving, you could argue that you borrowed the vehicle from a friend.
You had an insufficient quantity of marijuana. To be convicted, you must possess a useable amount of marijuana. Texas law does not define “usable amount,” but generally, courts interpret it to mean an amount that you can either roll into a cigarette or put in a pipe and smoke.
There was an illegal search. The Fourth Amendment of the U.S. Constitution protects your right against illegal searches and seizures. If law enforcement discovered the marijuana during an illegal search, your attorney can ask the court to suppress the evidence.

To ensure the best outcome for your case, it is critical to work with a skilled Frisco criminal defense attorney who will prepare a strategic defense.

Speak to an Experienced Frisco Criminal Defense Attorney

If you or someone you know is facing marijuana possession charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against marijuana possession charges in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (214) 845-7987 for a consultation.