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Possession of Marijuana

With the public's views of marijuana changing drastically in recent times, charges for marijuana possession have become even more frequent. Having even a small amount of marijuana can lead to a charge that can greatly affect your future.

Cannabis laws have been revised in many states throughout the last few years, but Texas still holds harsh penalties for pot-related offenses. Although the use of medical marijuana has become increasingly commonplace, this practice can lead to time in prison, steep fines, and a permanent drug conviction on your criminal record.

The majority of drug related offenses are simple possession charges. Any drug charge can feel overwhelming, but with the help of an experienced lawyer, you stand a fighting chance against this allegation. Once you understand the options available to you, you can pick the one that's best for your situation and proceed with confidence.

Austin Marijuana Possession Lawyer

At The Law Office of Kevin Bennett, we know that you're facing a tough situation. We've represented hundreds of clients facing marijuana charges throughout Texas, and we know how to proactively take on your case. A simple possession charge shouldn't affect the rest of your life, and we can fight to make sure that's the case.

Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule your free consultation. We can fully examine the details of your possession charge and devise a unique strategy for you. With so much at stake, you need to know that you can count on your attorney, and we are here to instill you with confidence.

We proudly defend clients throughout Travis County, in cities including Austin, Lakeway, Lago Vista, Sunset Valley, and Rollingwood.


Texas Marijuana Possession Information


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Penalties for Possessing Marijuana in Texas

Marijuana, or cannabis, is referred to be many names, including:

  • Weed
  • Pot
  • Reefer
  • Dope
  • Grass
  • Hash
  • Mary Jane
  • Ganja
  • Roach

According to the Texas Health and Safety Code Section 481.121 defines that a person may charged with possession of marihuana if the person "knowingly or intentionally possesses a usable amount" of the drug. The charge is categorized based on the amount in question:

  • Less than 2 ounces – this crime is a Class B misdemeanor and can be punished by up to 180 days in jail and a fine of up to $2000.
  • 2 ounces to 4 ounces – this offense is a Class A misdemeanor that is punishable by a maximum of 1 years in prison and a fine up to $4000.
  • 4 ounces to 5 pounds – this charge is categorized as a State Jail Felony with potential penalties of 180 days to 2 years in prison and a fine of up to $10,000.
  • 5 pounds to 50 pounds – this offense is a 3rd degree felony that can be punished by 2 to 10 years in jail and a fine up to $10,000.
  • 50 pounds to 2,000 pounds – this crime is considered a 2nd degree felony with potential penalties of 2 to 10 years in prison and a fine of up to $10,000.
  • More than 2,000 pounds – this offense is a 1st degree felony that carries penalties of 5 to 99 years in prison and up to $50,000 in fines.

Aside from these penalties, a conviction for possessing weed could also mean the loss of your driving privileges, employment opportunities, and education options. A conviction can also leave a permanent mark on your criminal record that can interfere with many future opportunities.


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Defense Against a Marijuana Possession Charge

Like most other drug-related offenses, a marijuana possession charge in Texas carries questions on constitutional rights violations. The manner in which the marihuana was found is very important and can render the charges invalid if your rights were violated. If you were illegally searched or your home was entered without a warrant, Kevin Bennett can review the circumstances behind your arrest, and he can defend you against evidence that was improperly acquired.

It is also a key element in the prosecution's case against you that you knowingly possessed the marijuana in question. If you were unaware of its presence, you may not be responsible for the allegations you're facing. While many felony and misdemeanor cannabis cases require a thorough knowledge of the nuances of marijuana laws, Kevin Bennett is a Austin marijuana defense lawyer who can confidently use his knowledge and skill to search for a weakness in the prosecution's case.


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Possession of Marijuana Ticket in Texas

If you have received a marijuana ticket in Texas, it is critical that you understand that the charge not only carries a fine, but also jail time, the suspension of your driver’s license and a permanent criminal record. 

For example, if you were issued a ticket for possession of less than 2 ounces of marijuana, you face a fine up to $2,000 and up to 180 days in jail. However, if you were ticketed for possession of marijuana between 2 and 4 ounces, you face up to a year in jail and up to a $4,000 fine. A misdemeanor or felony marijuana conviction also triggers an automatic suspension of your driver’s license and results in a permanent criminal record.

A possession of marijuana ticket should never be treated like a speeding ticket or taken any less serious than an actual arrest.


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Austin Marijuana Ticket Process

For individuals who receive a marijuana ticket in Austin or Travis County, they will be given a court date and be required to return to Justice of the Peace 5 or JP 5 Court and go through all of the same booking procedures that they would normally have to go through if arrested at the time of the incident. The individual will appear before a judge, be photographed, have their fingerprints taken and will have to post bond. They will also have to return to court to face the criminal charge, just like anyone else who is arrested in Austin.


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Hiring an Austin Attorney for a Marijuana Possession Charge

Any drug charge is stressful, and a marijuana offense puts your future at risk. With the help of Kevin Bennett, however, you can protect your future and get back to your daily life. He can help you chose the best way to proceed and give you confidence through the confusing legal process ahead of you. Call him at (512) 476-4626 today to schedule your free consultation appointment.