Your Marijuana Defense

​

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 in Childress County. If the prosecution cannot demonstrate the alleged offender had possession, the marijuana possession charges may be reduced to lesser offense or even dismissed.

​

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 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.

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.

Two to 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.

Four ounces to five pounds is a State Jail Felony which is punishable by a sentence in State Jail ranging from six months to two years and/or a fine up to $10,000.

​

Five to fifty pounds is 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.

Fifty to 2,000 pounds is 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.

​

David Enos has successfully represented Clients in Childress County, Texas for over 25 years and prvides free phone consultations.

​

Consequences Beyond Jail & Fines

• Beyond criminal penalties, a marijuana conviction can lead to:

• A permanent criminal record

• Difficulty obtaining employment, housing, or professional licenses

• Suspension of your driver’s license

• Challenges qualifying for federal student aid or military enlistment

• Even a misdemeanor conviction carries long-term consequences if not properly addressed.

 

How an Attorney Can Help Your Case

Every marijuana case is different. A defense lawyer like David Enos can:

• Review the circumstances of your arrest and police conduct

• Challenge illegal searches and seizures

• Negotiate reduced charges or alternative dispositions

• Advocate for deferred adjudication or probation to avoid a conviction

• Represent you in court hearings, motions, and trials

• We work to protect your constitutional rights and seek the best possible outcome — whether that is a dismissal, reduced case, or acquittal.

 

Frequently Asked Questions

What should I do after a marijuana arrest?

Do not talk to police without a lawyer present. Contact an experienced defense attorney as soon as possible to protect your rights and build your defense.

​

Will I go to jail for a first offense?

Penalties depend on the amount found, your criminal history, and the prosecutor’s approach. First-time misdemeanors can carry jail exposure, but many cases can be resolved with alternative sentencing, probation, or diversion programs with skilled representation.

​

Can evidence be thrown out?

Yes — if the stop, search, or arrest violated your constitutional rights, your attorney can file motions to suppress illegal evidence, which can significantly weaken the prosecution’s case.

​

Real Defense, Personalized Attention

You’re more than a case number — and your future matters. At the Law Offices of David Enos, we focus on individualized defense strategies tailored to your situation. We know how local prosecutors and courts operate throughout West Texas and fight to protect your rights.

​

Contact Us for a Free Consultation

If you are facing marijuana charges in Amarillo or surrounding Texas counties, call (806) 372-7307 or fill out our online contact form. Early representation makes a difference — let us start building your defense today.

​​

David Enos represents clients in Childress, Hall, Carson, Oldham and Donley in addition to counties in the Amarillo area and provides free phone consultations.

​