Marijuana Possession

Fort Worth Marijuana  Possession Defense

Prosecutors in Fort Worth Texas do not say it is “just pot”.  Instead, it is treated like other criminal offenses.  The amount of marijuana that a person has is very important to understand the case.  Unlike other States, possession of any quantity of marijuana is a criminal offense.  Marijuana cannot be prescribed as medicine in Texas at this time.  Knowledge of Texas law is critical to representing a person charged with possession of marijuana.

The Health and Safety Code

Unlike many criminal offenses possession of marijuana is not in the penal code. The offense of Possession of Marijuana is located in section 481.121 of the Health and Safety Code. 

What penalties are available?

Possession of marijuana is punishable as a Class B Misdemeanor, a First Degree Felony, and everything in between. 

A Class B Misdemeanor is punishable by:

  • confinement for a term not to exceed 180 days;
  • a fine up to $2,000.00; or
  • both

A Felony of the First Degree is punishable by:

  • a term of imprisonment of between 5 to 99 years or life; and
  • a fine not to exceed $10,000.00.

How Do You Know What Level of Offense It Is?

The quantity of marijuana determines whether the offense is a misdemeanor or a felony.  For instance, possessing a quantity under two ounces is a Class B Misdemeanor.  Usable quantity means that it is capable of being

What if I Am Not the One Holding the Marijuana?

Texas has a rule called the law of parties.  The law of parties permits the prosecutor to file a case against another person if the person, among other things, directs, aids, or attempts to aid another in the commission of an offense.  How it applies to any given case really depends on what is alleged. 

In Tarrant County there are alternative programs that may be available to a defendant that may result in a dismissal of the charges or other favorable outcomes. Even if one of these programs are not available, many times there are non-jail options available to a defendant, including probation.

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