Texas Defense Attorneys Explain Marijuana Possession Defenses

Getting charged with marijuana possession in Texas can be scary. The penalties are harsh, and it can really mess up your life. But don’t panic! There are good defenses that can help. In this article, we’ll explain the common defenses Texas criminal defense attorneys use to fight marijuana charges and hopefully give you some peace of mind.

Invalid Traffic Stop

A lot of marijuana possession cases start with you getting pulled over. If the traffic stop was illegal for some reason, then any evidence found as a result can get thrown out. Your lawyer will look closely at the reason the officer gave for stopping you–did you really commit a traffic violation, or was it just an excuse to fish for drugs? If it’s the latter, that’s an illegal stop and anything found after shouldn’t be allowed in court. This can sometimes get the whole case dismissed.

No Proof You Knew About the Marijuana

To convict you of marijuana possession in Texas, prosecutors have to prove you knew the marijuana was there and intended to possess it. But what if it was hidden under the seat without your knowledge? Or left there by a previous passenger you didn’t know about? If your lawyer can show there’s reasonable doubt about whether you knowingly possessed the marijuana, you could win an acquittal.

It Wasn’t Actually Marijuana

Lab testing takes time, so sometimes you get charged based on a cop eyeballing some plant material and claiming it looks like marijuana. But it might have been oregano or something else innocuous. Your lawyer will insist on lab confirmation that the seized material really was marijuana. Without it, there’s plenty of room for reasonable doubt.

Illegal Search

Cops need a warrant or probable cause to legally search your car and person. If they find marijuana after an illegal search without proper justification, your lawyer can argue to suppress the evidence. This “fruit of the poisonous tree” doctrine means illegally obtained evidence gets excluded.

You Weren’t in Control of the Marijuana

To prove possession, prosecutors have to show you had control over the marijuana. Just being near it isn’t enough. So if the weed was found under someone else’s seat, or if someone else put it in your glovebox without your knowledge, you have a good argument that you never controlled it.

Entrapment

It’s illegal for cops to talk you into committing a crime you wouldn’t otherwise do. Some undercover operations cross the line into entrapment. If an informant pestered you relentlessly to get them weed even though you didn’t want to, that’s entrapment. This isn’t a common defense but it’s possible in extreme cases.

The Amount Was Too Small

You can receive a fine instead of jail time for possession of very small amounts of marijuana. Your lawyer may be able to get charges reduced or even dismissed if the amount was tiny, like crumbs or dust in a baggie.

There are other more technical defenses too, like arguing there were no “affirmative links” between you and the marijuana. But these seven defenses are some of the most common ways experienced marijuana lawyers defend possession charges in Texas. Don’t lose hope if you’re facing charges–a good lawyer can often get them dismissed or reduced, or even win a “not guilty” at trial. The penalties for marijuana in Texas are harsh, but a strong defense can save you.