Actual Possession – Actual possession can occur of the alleged offender had actual, physical control of the marijuana on their body or in their possession. For example, an individual can have actual possession of marijuana if it is in their pocket, in their car or in their purse.
Constructive Possession – Constructive possession is generally much harder for the prosecution to prove and can occur if the alleged offender meets the following three requirements:
They were aware the marijuana was in their presence and it was an illegal substance;
They had the intent to take actual possession of the marijuana; and
They were physically able to take control of the marijuana.
Marijuana Possession Penalties in Texas
Marijuana possession penalties can vary depending on a number of factors, including the amount of the substance and whether the alleged offender has any previous drug convictions.
An individual charged with possession of marijuana in an amount of two ounces or less can be convicted of a Class B misdemeanor, which is punishable by a jail sentence of up to 180 days and/or a fine up to $2,000.
An individual charged with possession of marijuana in an amount more than two ounces but less than four ounces can be convicted of a Class A misdemeanor, which is punishable by a jail sentence up to one year and/or a fine up to $4,000.
An individual charged with possession of marijuana in an amount of five pounds or less but more than four ounces can be convicted of a state jail felony which is punishable by a state jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
An individual charged with possession of marijuana in an amount of 5 to 50 pounds can be convicted of a felony of the third degree, which is punishable by a prison sentence ranging from two to ten years and/or a fine up to $10,000.
An individual charged with possession of marijuana in an amount of 2,000 pounds or less but more than 50 pound can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
An individual charged with possession of marijuana in an amount more than 2,000 pounds can be convicted of a felony of the first degree, which is punishable by life in prison or a term ranging from five to 99 years in prison and/or a fine up to $50,000.
Contact Amarillo criminal defense attorney David Enos for a free consultation about your case. Call (806)372-7307
Information on this website is based on general principles of law. They may not apply to your situation. Nothing in this article constitutes legal advice and no reliance should be placed on the legal principles set forth in this website. This is why you should personally consult with attorney David Enos about your case.
The penalties for possession of marijuana, THC or edibles in Texas are quite severe. Texas law enforcement has the reputation of profiling people traveling on I-40 and highway 287 to make questionable arrests and so it is important to hire an experienced attorney that will aggressively investigate and defend your case. Did the officer have the right to pull you over in the first place? Was there justification to even ask you to search your car? Did the officer lie about your giving consent to search your vehicle? What does the body cam video show? Attorney David Enos has been successfully defending clients charged with possession of marijuana and controlled substances for over 20 years by thoroughly investigating every aspect of their case.
Amarillo Possession of Marijuana Lawyer
If you have been charged with marijuana possession in Amarillo, or any of the surrounding areas in the Texas Panhandle contact The Law Offices of David Enos. Attorney David Enos will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation. (806)372-7307. David Enos represents clients in Childress, Hall, Carson and Donley in addition to counties in the Amarillo area
Your Marijuana Defense
In Texas, the prosecution must prove the defendant had either actual or constructive possession of marijuana in order to obtain a conviction. If the prosecution cannot prove this, the marijuana possession charges may be reduced to lesser offense or even dismissed.
What Our Clients Are Saying
“David did a really great job on my case. I got arrested with 123 pounds of marijuana near Amarillo, David got me a great plea deal of deferred adjudication so that when my probation is over my case will be dismissed. Not a day in prison.”
V. Boutsomsi, Gulfport, FL
“David got my second degree felony possession case reduced to a MISDEMEANOR. I was facing up to 20 years in prison and thanks to David, wound up only paying a small fine and checking in and out of jail the same day.”