Austin Marijuana Defense Lawyer

Austin Marijuana Possession Overview

Marijuana Possession in Austin, Texas is taken very seriously and can lead to arrest and drug charges. A marijuana conviction carries a wide range of punishments from fines and probation to lengthy prison sentences, usually depending on various factors such as the amount of marijuana, an individual's previous criminal history and whether the conviction was for possession, distribution or trafficking.

Penalties for Marijuana Possession

The penalty for a Marijuana Conviction in Texas usually depends on the amount of marijuana and whether there are allegations of marijuana distribution or whether the arrest took place in a drug-free zone. For example, a possession of marijuana arrest for under two (2) ounces of marijuana, is classified as a Class B Misdemeanor in Texas and carries a punishment of up to 180 days in jail and up to a $2,000.00 fine. However, a possession of marijuana arrest in a drug-free zone can enhance the penalties.

Additionally, there are collateral consequences for a marijuana conviction in Texas. For example, you may have your Texas Driver's License suspended and a permanent marijuana conviction on your criminal history. You may also be denied employment, student loans and housing.

Possession of Marijuana in Texas: Texas Health and Safety Code Section 481.121

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

Defending You Against Marijuana Charges

Marijuana, like most other drug possession cases, almost always involves constitutional issues regarding how the marijuana was discovered and how it was seized. Did an officer have reasonable suspicion to pull a car over? Was a search warrant executed properly? Was there probable cause to make an arrest? Evidence obtained by illegal search or seizure, which violates an individual's rights, is inadmissible and subject to suppression. Austin Marijuana defense lawyer Kevin Bennett can examine and review the circumstance surrounding your marijuana arrest to make sure that any evidence that is intended to be presented against you was obtained legally.

Austin Marijuana Defense Lawyer

If you are confused or unsure how to proceed, please call the Law Office of Kevin Bennett at (512) 476-4626. You may also contact the Law Office of Kevin Bennett through email.