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 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.
Many people in Amarillo are arrested for possession of marijuana each year. This number has increased significantly since Colorado laws were changed to allow the sale of recreational marijuana. The incorrect assumption that marijuana legally purchased in Colorado is allowed in Texas has gotten many people arrested. In fact, Texas law enforcement has the reputation of targeting people traveling on I-40 and highway 287 towards the DFW area. The law in Texas still states that it is an offense to possess any usable amount of marijuana, regardless of how it was purchased. Although most marijuana possession charges in Amarillo are for Class B misdemeanors (the least severe charge for marijuana possession), an alleged marijuana possession offender can be charged with a felony drug offense. Additionally, many law enforcement officials will try to charge the alleged offender with the more serious offense of delivery of marijuana, in addition to charges for possession of drug paraphernalia.
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
Actual and Constructive Possession in Amarillo
In Texas, the prosecution must prove the alleged offender committed every element of marijuana possession beyond a reasonable doubt before they can convict the individual of the offense. This means the prosecutor must prove the alleged offender had either actual or constructive possession since possession is a required element to a marijuana possession offense. If the prosecution cannot demonstrate the alleged offender possession, the marijuana possession charges may be reduced to lesser offense or even dismissed.
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.