If you are reading this, chances are that you or someone close to you has been charged with marijuana possession in Texas. This can be a frightening and confusing time. You may be feeling overwhelmed, unsure of what to do next, and wondering how this could affect your future. That’s completely understandable. Being charged with a crime is something no one ever expects, and the legal system can feel like a maze. You are not alone in this, and there is help available. Understanding the difference between misdemeanor and felony marijuana charges can give you the power to make better choices and protect your rights.
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What Marijuana Possession Means in Texas
In Texas, marijuana possession is still considered a crime. While many states have changed their laws to make marijuana legal, Texas still treats it seriously. If police find you with marijuana, even a small amount, they can charge you. The charge depends on how much marijuana you had. The law also looks at where you were when you had it, how it was packaged, and what else was found with it. All of these details can change the kind of charge you face.
When Possession Is a Misdemeanor
If you are found with a small amount of marijuana, you might be charged with a misdemeanor. This is usually when you have less than two ounces. In this case, you could be charged with a Class B misdemeanor. This kind of charge can lead to up to 180 days in jail and a fine of up to $2,000. If you have between two and four ounces, it becomes a Class A misdemeanor, which can lead to up to a year in jail and a fine up to $4,000.
Even though misdemeanor charges are not as serious as felonies, they can still affect your life in big ways. A conviction can show up on background checks. It might make it harder to find a job, get housing, or go to school. It can also hurt your chances of getting loans or help with tuition. For young people, this kind of record can be especially hard to deal with. But a misdemeanor charge does not always mean jail. With the right legal support, it is possible to get charges reduced or even dismissed.
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When Possession Becomes a Felony
When the amount of marijuana is more than four ounces, the charge usually becomes a felony. This is much more serious. If you have between four ounces and five pounds, you could be facing a state jail felony. This can mean between 180 days and two years in a state jail facility and a fine of up to $10,000.
If you have more than five pounds, the charges get even worse. Having between five and fifty pounds can bring a third-degree felony charge. That carries a sentence of two to ten years in prison and a fine of up to $10,000. If you have more than fifty pounds, the charges move into second- or first-degree felony territory. The penalties here can mean up to life in prison.
The courts also look at whether there is any reason to think you were planning to sell the marijuana. If it’s packaged in many small bags, or if there’s a scale, or a lot of cash, they might think you were not just using it for yourself. That can lead to more charges, including intent to distribute. This is taken very seriously in Texas, and the penalties are even harsher.
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Other Things That Can Change the Charge
There are other things that can make your marijuana possession charge worse. If you were arrested in a drug-free zone, like near a school, playground, or daycare, the penalties can go up. If you have a past criminal record, that also makes the charges worse. And if someone under 18 was involved, or if weapons were found, that can raise the level of the charge.
On the other hand, if this is your first offense and you were found with a very small amount, you may be able to avoid jail time. Some counties in Texas have programs for first-time offenders that let you go through treatment or education programs instead of going to court. If you finish the program, the charge might be dropped. But not every county offers this, and it depends on your situation.
The Difference in How Misdemeanors and Felonies Are Handled in Court
Misdemeanor cases usually move faster through the court system. You may be able to have a hearing quickly and resolve the case in a matter of weeks or months. Felony cases take longer. They involve more hearings and more paperwork. They may require a grand jury to decide if the case should go forward. If your case goes to trial, it can take many months.
Felony charges also carry a stronger social stigma. They can take away your right to vote, own a firearm, and more. If you are not a U.S. citizen, a felony drug conviction can lead to deportation or make it hard to become a citizen in the future. This is why it is so important to have someone on your side who knows how to fight these charges.
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The law can be very harsh. But having a lawyer who knows how these charges work can make a big difference. A lawyer can look at the facts of your case and find ways to protect your future.
Maybe the police didn’t have the right to search you. Maybe they made a mistake in the arrest. Maybe the amount of marijuana they say you had was wrong. These are all things that can change the outcome of your case.
A lawyer can also talk to the prosecutor and try to get your charges reduced. If you’re eligible for a program or probation, a lawyer can help you apply. If your case goes to court, your lawyer can build a defense and fight for your rights. Even if things seem bad, the right legal help can give you a second chance.
You Don’t Have to Face This Alone
If you or someone you love has been charged with marijuana possession in Texas, the road ahead might feel uncertain. But you don’t have to go through it alone. The difference between a misdemeanor and felony charge can change your entire life, but it doesn’t have to ruin it. With the right support, there’s a way forward.
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At Deandra Grant Law – Criminal & DWI Defense, we understand what you’re going through. We have helped many people in your shoes get their lives back on track. We take the time to listen, understand your story, and build a strong defense. Whether you are facing a misdemeanor or a felony marijuana charge, we can help you fight for a better result.
Let us help you protect your future. Reach out to Deandra Grant Law – Criminal & DWI Defense today.