JUST BECAUSE YOU DIDN'T PLAN ON GETTING ARRESTED, doesn't mean you can't plan your defense
McKinney Marijuana Lawyer
A Former Prosecutor and Winning Trial Attorney for Your Marijuana Defense in Collin County, Plano, and Frisco
Facing marijuana charges in Texas? Reach out to a defense attorney immediately for legal representation. Texas is one of the stricter states when it comes to marijuana crimes, so it is critical that you seek legal support from an experienced attorney who can defend you against possession, distribution, and sale charges.
Attorney Chris Fredericks has been practicing law for over 16 years. Prior to private defense work, he served as a former prosecutor at the Collin County District Attorney’s Office for more than 10 years. He knows how the prosecution thinks and acts, so he can prepare an adequate defense based on the prosecution’s game plan. Attorney Fredericks takes an analytical approach to all his cases, and he will provide a personalized legal strategy for your unique case. He has handled over 300 bench trials and 150 jury trials throughout his career, so he is equipped to handle your marijuana defense and argue for reduced jail time and penalties.
Texas Marijuana Laws
Texas categorizes marijuana as a Schedule I substance with a high potential for abuse and no accepted medical value. The state has exceptions for low-THC cannabidiol oils prescribed for certain conditions like epilepsy, but any other kind of cannabis-related product is not legal for use.
It is a crime in Texas to possess or cultivate any amount of marijuana, and the penalties depend on the amount possessed or cultivated:
- 2 ounces or less – Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000
- 2-4 ounces – Class A misdemeanor punishable by up to 1 year in jail and/or a fine of up to $4,000
- 4 ounces to 5 pounds – state jail felony punishable by up to $10,000 and/or between 180 days and 2 years in prison
- 5-50 pounds – third degree felony punishable by a fine of up to $10,000 and/or 2-10 years in prison
- 50-2,000 pounds – second degree felony punishable by a fine of up to $10,000 and/or 2-20 years in prison
- More than 2,000 pounds – 5-99 years in prison and/or a fine of up to $50,000
Individuals may face increased penalties to the next penalty level (e.g., third degree felony to second degree felony) if the offense was committed in a drug-free zone (schools, playgrounds, youth centers).
Possessing marijuana paraphernalia (e.g., devices for using marijuana, storing it, processing it, or growing git) is also a Class C misdemeanor punishable by a $500 fine.
The criminal penalties are more severe for the distribution and sale of marijuana. It is against the law to sell marijuana or even merely to possess it with the intent to sell or distribute it. The penalties for sale or delivery are as follows, based on the amount involved:
- 7 grams or less – Class A misdemeanor punishable by up to 1 year in jail and/or a fine of up to $4,000
- 7 grams to 5 pounds – state jail felony punishable by a fine of up to $10,000 and/or 180 days to 2 years in prison
- 5-50 pounds – second degree felony punishable by a fine of up to $10,000 and/or 2-20 years in prison
- 50-2,000 pounds – first degree felony punishable by a fine of up to $10,000 and/or 5-99 years in prison
- More than 2,000 pounds – 10-99 years in prison and/or a fine of up to $100,000
Note that it is still a crime of sale or delivery of marijuana even if the seller did not receive monetary compensation. Giving away 1/4 of an ounce or less of marijuana, for instance, is a Class B misdemeanor punishable by up to 180 days in jail and up to $2,000 in fines.
Enhanced penalties may be ordered for the sale of any amount of marijuana to a child. Such an offense is a second degree felony punishable by a mandatory minimum prison sentence of 2 years, a maximum sentence of 20 years, and a fine of up to $10,000.
The sale, possession with intent to sell, or delivery of marijuana paraphernalia is a Class A misdemeanor punishable by up to 1 year in jail and up to $4,000 in fines. If the defendant has previously been convicted for the same offense, they may face felony charges with a mandatory minimum prison sentence of 90 days and maximum of 1 year. Selling paraphernalia to a minor is a state jail felony punishable by a mandatory minimum of 180 days’ imprisonment, a maximum of 2 years’ imprisonment, and a fine of up to $10,000.
Marijuana-related charges are serious. Texas has not legalized any personal use of marijuana, so even possession of the smallest amount can leave a mark on your criminal record. If you are facing criminal accusations for marijuana possession, sale, or distribution, contact the Law Office of Chris Fredericks immediately for legal representation.
Schedule your free initial consultation online to discuss your legal plan of action as soon as possible.