Texas Criminal Defense Attorneys Discuss Marijuana Possession Laws

Texas Criminal Defense Attorneys Discuss Marijuana Possession Laws

Hey y’all, my name’s John and I’m a criminal defense attorney here in Texas. I wanted to have a frank discussion about marijuana possession laws here in our great state. I know it’s a controversial topic, but I think gettin’ the facts straight is important.

First off, let me say that I’m not here to judge anyone for their personal choices. My job as a defense attorney is to make sure my clients’ rights are protected and that they get treated fairly under the law. Whether I agree with a law personally doesn’t really matter – I took an oath to uphold the law, and that’s what I aim to do.

Now, in terms of the actual laws, possession of marijuana is illegal here in Texas, no matter the amount. Technically speakin’, possession of 2 ounces or less is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. More than that bumps you up to a Class A misdemeanor, which can mean up to a year in jail and a $4,000 fine.

It’s also important to understand that you can be charged with possession even if the weed isn’t on your person. For example, if it’s found in your car or in your house, you can potentially be charged. The legal standard is “knowing” possession – so did you know it was there and did you have control over it. That’s what the cops and prosecutors will try to prove.

Now, I know what some of y’all are thinking – “That seems crazy harsh for just a little bit of pot!” And you wouldn’t be wrong. Even as public opinion has shifted on marijuana, the laws here in Texas have stayed pretty strict. Our lawmakers just haven’t kept pace with the changing times.

As your defense attorney, my job is to hold the State to its burden of proof. Can they prove beyond a reasonable doubt that you knowingly possessed marijuana? Were your rights violated when they searched your car or home? These are the kinds of questions I’ll dig into to build the strongest defense for you.

And even if we can’t beat the charges outright, there are often alternatives that can help you avoid a conviction. For example, many counties have pre-trial diversion programs where you can complete some probation requirements like drug counseling and the charges will get dropped. It’s not perfect, but it’s better than jail time and a record.

My overall advice is – don’t panic. Get yourself an experienced criminal defense attorney, like myself, and take it one step at a time. I’ve seen folks in all sorts of situations find reasonable solutions. You have rights in our justice system, and a good lawyer can help protect those rights.

If you or a loved one are facing marijuana possession charges, give me a call for a free case evaluation. I’ve been practicing criminal law for over 15 years, and I know how to build a strong defense. Don’t go it alone against the power of the State – let me stand by your side and fight for the best possible outcome. Stay strong and stay hopeful, we’ll get through this together.

Common Defenses for Marijuana Possession

When defending marijuana possession cases in Texas, there are a handful of common legal defenses that I often rely on:

• Illegal search – If the police didn’t have probable cause or a warrant, evidence may be excluded
• Invalid traffic stop – Similarly, if the initial stop was unjustified, evidence may be tossed
• “No possession” – Argue the marijuana belonged to someone else
• No knowledge – Claim you didn’t know the marijuana was there
• Entrapment – Argue police improperly induced you to commit a crime

The strategy I use depends on the specifics of your case. But by challenging the admissibility of evidence or the State’s ability to prove each element of the crime, we can often get charges reduced or dismissed. Don’t give up hope!

Marijuana Diversion Programs

As I mentioned earlier, many Texas counties offer pre-trial diversion programs for minor marijuana possession charges. These programs can be a great way to avoid a permanent drug conviction.

Basically, if you complete a probation-like program involving drug counseling/education and stay out of trouble, the charges against you get dropped. It’s not as good as an outright dismissal, but it’s a heck of a lot better than jail time.

The requirements vary by county, so make sure your attorney knows the specifics of the program in your jurisdiction. There are often important deadlines for applying, so don’t delay. This option works best for those with no prior drug convictions.

Diversion programs aren’t perfect, but they allow folks to move on with their lives without a criminal record following them around. In appropriate cases, it can be a very helpful resolution.

Expunging Marijuana Convictions

Let’s say the worst happens and you end up pleading guilty or being convicted of a minor marijuana possession charge. Is that conviction permanent, or are there options to get it off your record?

The good news is that Texas does allow for expungement of certain drug possession convictions, including marijuana. Basically, if it’s been at least 180 days since you completed your sentence, you can petition the court to seal your criminal record from public view.

There are certain other requirements and it does not work for all convictions, so talk to your attorney about the specifics. But for many first-time marijuana offenders, expungement is possible with the help of a lawyer who knows the process.

Having a drug conviction expunged can open doors that may have otherwise remained closed. It can help with finding jobs, housing, even student loans. Don’t assume you’re stuck with a record for life – expungement may provide a path forward.

What to Expect With a Marijuana Charge

If you do end up getting arrested and charged with marijuana possession, here’s a quick rundown of what you can expect:

• You’ll be fingerprinted, photographed, and booked into jail – unless you immediately bond out
• Prosecutors have up to 2 years to actually file formal charges against you
• There will likely be court hearings where you have the right to have counsel present
• You may be offered a plea bargain to plead guilty in exchange for a lighter sentence
• If no plea deal, your case could go to trial before a judge or jury

Having an attorney to guide you through the process is hugely important. Don’t go it alone against the powerful resources of the State. Lean on someone who knows the system and will protect your rights.

Should Texas Legalize Marijuana?

I’ll be honest, as a criminal defense attorney I’m a big believer that marijuana should be legalized here in Texas. It just doesn’t make sense to me to criminalize responsible adults for using a substance that’s becoming legal in more and more states.

Law enforcement resources could be much better utilized fighting violent crime and hard drug trafficking. Ruining folks’ lives over a little bit of pot helps no one.

Plus, the tax revenue generated from legal weed could do a lot of good for our state budget. And it would eliminate the black market that currently empowers drug cartels and street gangs.

For medicinal use, marijuana seems clearly helpful for folks with certain conditions like chronic pain. We should empower doctors and patients to make those choices.

However, I’m just one small voice in this debate. Ultimately it will be up to Texas voters and legislators to decide if and when marijuana is legalized. But the trend seems to be heading in that direction, albeit slowly.

As for me, I’ll keep advocating for my clients’ rights and fair treatment under the law as it exists today. And I remain hopeful that those laws will become more just and equitable in the years to come.

Well folks, that’s my take on marijuana laws here in the Lone Star State. Hopefully you found this information useful. If you’re dealing with a marijuana charge, don’t hesitate – call me today to discuss your legal options. Stay strong and keep fighting the good fight!