Over time, the United States has become more comfortable with the legalization of marijuana. However, recreational marijuana use is illegal in Texas. Act. Any person, charged with a cannabis offense, may face steep legal consequences.
Marijuana is still considered a controlled substance and unlawful under the Texas Controlled Substances Act. A conviction for a marijuana offense can result in steep fines, and possible jail or prison time. If you or someone you know has been charged with a marijuana crime, it is in your best interest to gain trusted representation.
Marijuana Defense Attorney in Houston, Texas
It is important that you seek a skilled defense attorney if you have been charged with a marijuana offense. A practiced attorney can file motions, suppress evidence and uncover all your legal options. Hiring an attorney can greatly increase your chances of reducing or dismissing your charges.
Brian Benken is a distinguished attorney who focuses on criminal defense. He is well versed in all types of drug offense laws in Texas. You need an attorney who is aggressive and experienced. Find that attorney today with Brian Benken.
Brian Benken represents those accused of marijuana crimes throughout all parts of Harris County and surrounding counties including Houston, Pasadena, Westchase, Alief and many more.
Call us now at (713) 223 - 4051, or simply submit an online contact form for a free consultation.
Overview for Marijuana Offense in Texas
- Definitions of Marijuana in Texas
- Street Names for Cannabis
- Medical Benefits of Marijuana
- Marijuana Crimes
- Texas Penalties for Marijuana Crimes
- Additional Resources
Legal Definition of Marihuana in Texas
The Texas Health and Safety Code § 481.002(26) indicates the parts that are considered the plant Cannabis sativa L. Any seed, compound, manufacture, salt, derivative, mixture or preparation of the plant or seeds, growing or not, is considered marijuana.
Under Texas law, the term marijuana does not include:
- The resin extracted from a part of the plant;
- Compound, salt, derivative, mixture, or preparation of the resin;
- Mature stalks of the plant;
- Fiber produced from the stalks of the plant;
- Oil or cake made from the seeds of the plant;
- A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
- The sterilized seeds of the plant that is incapable of beginning germination.
Due to this, some products made from cannabis may not be considered marihuana under the law. THC concentrates are made from the resin that collects in cannabis flowers. Since THC concentrates are made from the resin of the plant, it is not considered marijuana and is actually a Penalty Group 2 drug.
Street Names for Marijuana
Marijuana users have a variety of names for cannabis. Some street names for marijuana include:
- Mary Jane
Medical Marijuana in Harris County, Texas
After years of research and advocacy, marijuana has revealed to have medical properties. Specific chemical compounds, called cannabinoids, have been found to have medical benefits. THC, for instance, has been found to alleviate neuropathic pain and spasticity in patients with nerve-related conditions. CBD, or cannabidiol, has been proven to inhibit cancer cell growth.
Texas offers medical marijuana to those who qualify for it. However, Texas has some of the strictest laws when it comes to medical marijuana. The Texas Compassionate Use Act allows medical marijuana prescriptions only to those who are diagnosed with intractable epilepsy.
The following are the eligibility requirements a person must fulfill to obtain a medical marijuana card in Texas.
- Must be a permanent resident of Texas;
- Must be diagnosed by a doctor with intractable epilepsy;
- A qualified physician under the Compassionate Use Registry determines the risk of the medical use of low-THC cannabis is reasonable in light of the potential benefit for the patient; and
- A second qualified physician under the Compassionate Use Registry has concurred with the determination.
Types of Marijuana Crimes in Houston, Texas
If you have been charged with a marijuana offense, it is important that you gain practiced legal representation. The Benken Law Firm handles a wide variety of cannabis-related offenses. Our attorneys are well versed in Texas drug offense laws. We have the knowledge and resources available to help you obtain the best possible results.
A common type of marijuana offense is possession. The legal consequences for possession are dependent on the quantity of marijuana found. If the alleged offender possessed a large amount of marijuana, he or she may also be charged with possession with intent to sell. The following are the penalties for possessing marijuana in the state of Texas.
- Less Than Two Ounces – Class B Misdemeanor
- Two to Four Ounces – Class A Misdemeanor
- Four Ounces to Five Pounds – State Jail Felony
- Five Pounds to 50 Pounds – Third-Degree Felony
- 50 Pounds to 2,000 Pounds – Second-Degree Felony
- More than 2,000 Pounds – First-Degree Felony
Another kind of marijuana crime is delivery of marijuana. It is illegal to deliver marijuana in the state of Texas, even if the exchange was not for money or something of value. The penalty for delivering marijuana is dependent on the amount of cannabis in possession and if the exchange was for something of value.
- Less Than 1/4 Ounce (Does not receive money or goods) – Class B Misdemeanor
- Less Than 1/4 Ounce (Does receive money or goods) – Class A Misdemeanor
- 1/4 Ounce to 5 Pounds – State Jail felony
- 5 Pounds to 50 Pounds – Second-Degree Felony
- 50 Pounds to 2,000 Pounds – First-Degree Felony
- Over 2,000 Pounds – Capital Felony
Commonly those who are charged with marijuana crimes may have added drug paraphernalia charges. It’s unlawful to possess, use or sell any type of drug paraphernalia in the state of Texas. Commonly those who are charged with marijuana crimes may have added drug paraphernalia charges. The following are the penalties for possessing or delivering drug paraphernalia.
- Possessing Drug Paraphernalia – Class C Misdemeanor
- Delivering Drug Paraphernalia – Class A Misdemeanor
- Delivering Drug Paraphernalia to a Minor – State Jail Felony
Penalties for Cannabis Crimes in Harris County, Texas
Marijuana offenses cover a number of crimes. Selling, manufacturing, or possessing marijuana results in different offenses. The penalties for these offenses are reliant on where they happen, the amount of marijuana, and to whom it may be sold to.
The following are the various penalties you may face depending on the cannabis offense.
- Class C Misdemeanor – Punishable with a fine up to $500.
- Class B Misdemeanor – Punishable by up to 180 days in Harris County jail, and a fine of up to $2,000.
- Class A Misdemeanor – Punishable by up to 12 months in Harris County jail, and a fine of up to $4,000.
- State Jail Felony – Punishable with a minimum of 180 days and a maximum of 24 months in jail, and a fine of up to $10,000.
- Third Degree Felony – Punishable with a minimum of 2 years and a maximum of 10 years in prison, and a fine of up to $10,000.
- Second Degree Felony – Punishable with a minimum of 2 and a maximum of 20 years in prison, and a fine of up to $10,000.
- First Degree Felony – Punishable with a minimum of 5 years and a maximum of 99 or life imprisonment, and a fine of up to $10,000.
- Capital Felony – Life in prison or life in prison without parole.
Texas NORML Chapters – Visit the official website of the National Organization for the Reform of Marijuana Laws (NORML), a nonprofit public-interest advocacy group whose mission is to advocate for the legalization of marijuana. Find links to all Texas NORML chapters and any current marijuana laws, penalties, and crop data.
Texas Marijuana Laws – Visit the official website for Texas controlled substance laws. Find more information surrounding marijuana crimes, their penalties, admissible defenses, and other controlled substance offenses.
Lawyer for Marijuana Crimes in Harris County, Texas
Have you been arrested for possessing, selling, or using marijuana in the Harris County area? If so, it is important that you gain trusted legal representation. A skilled attorney can collect evidence and advocate for you in court.
Brian Benken understands the intricacies of Texas drug laws. He has handled numerous marijuana cases. Brian Benken understands that the legal process can be confusing. This is why he wants to be your legal partner in this case. Call now at (713) 223 - 4051 for a free consultation.
The Benken Law Firm defends those accused of marijuana offenses throughout all communities in Harris County and surrounding counties in Texas.
This article was last updated on October 4, 2018.