Texas is a major border state, which means it’s a hub for drug trafficking including marijuana. The District Attorney’s office and law enforcement are on high alert for drug traffickers because of it and will not hesitate to prosecute. A conviction could significantly change your life and put a stop to your professional and personal goals.
The one-size-fits-all justice system can easily ensnare people who were minor parties to marijuana distribution and trafficking schemes. If you or someone you know has been arrested for delivering, selling or trafficking cannabis, then it’s imperative you seek legal counsel. The faster you obtain representation the more time you have to put towards your defense.
Houston Marijuana Trafficking Lawyer
While marijuana possession has relatively light penalties, distributing or selling it can lead to a felony charge. If you or someone you know has been arrested for marijuana sale or trafficking, then it’s crucial you get in contact with The Benken Law Firm. Brian Benken has over 30 years of practice with both the prosecutorial and defense experience. He can utilize his knowledge to review the facts of your case and advise you on what the next best step is.
Don’t wait another moment to start building your defense. Contact The Benken Law Firm by calling (713) 223 - 4051 and set up your first case review free. The Benken Law Firm accepts clients throughout Harris County and all parts of Texas including West University Place, Houston, South Houston, Sharpstown, Greenspoint and Meyerland.
Overview of Marijuana Sale Charges in Texas
- Street Names for Marijuana
- What Are the Penalties for Trafficking Marijuana?
- What Are the Federal Penalties for Trafficking Marijuana?
- Additional Resources
Marijuana is often referred to through various street names, with ‘weed’ and ‘pot’ being the most common. Other names include:
- Mary Jane
What Are the Penalties for Trafficking Marijuana?
To convict, the prosecution must prove beyond a reasonable doubt you knowingly or intentionally delivered or distributed marijuana to another person. Additionally, the exchange does not require money or a trade of good to be considered trafficking. Listed below are the penalties for marijuana trafficking based on the quantity of cannabis found.
|¼ ounce or less and no money exchanged||Class B misdemeanor||Up to 180 days in jail and/or a fine not to exceed $2,000|
|¼ ounce or less and money is exchanged||Class A misdemeanor||Up to one year in jail and/or a fine not to exceed $4,000|
|¼ ounce to 5 pounds||State jail felony||180 days to two years in state jail and a fine not to exceed $10,000.|
If a prior felony or a deadly weapon is involved, penalty is increased to a third degree felony.
|5 to 50 pounds||Second degree felony||2 to 20 years in prison and a fine not to exceed $10,000|
|50 to 2,000 pounds||First degree felony||5 to 99 years in prison and a fine not to exceed $10,000|
|Over 2,000 pounds||First degree felony||10 to 99 years in prison and a fine not to exceed $100,000|
What Are the Federal Penalties for Marijuana Trafficking?
When marijuana is transported across state lines or international borders, it becomes a federal offense. That means not only will you face federal prosecutors, but your case will be investigated by the Drug Enforcement Agency. With such powerful resources on the prosecution’s side, it’s important you seek an experienced federal defense lawyer if you’re facing these charges. Without a proper defense you could be put away in prison for life.
|Less than 50 kilograms of marijuana||5 years or less and a fine of up to $250,000 for an individual or $1,000,000 for those other than an individual.|
|50 to 99 kilograms of marijuana or 50 to 99 marijuana plants||20 years in federal prison and a fine of up to $1,000,000 for an individual and $5,000,000 for groups may be issued.|
|100-999 kilograms of marijuana||Felony conviction with a minimum five years in federal prison and a maximum term of 40 years. In addition, a fine will be added that can range up to $5,000,000 for individuals or $25,000,000 for those other than an individual.|
If you had a previous felony drug conviction, then the penalties will increase to a minimum 10 years and maximum of life imprisonment. Fines can range up to $8,000,000 for individuals or $50,000,000 for those other than an individual.
|More than 1,000 kilograms of marijuana or 1,000 marijuana plants||A minimum 10 years in federal prison and a maximum term of life imprisonment. Fines can range up to $10,000,000 for individuals or $50,000,000 for those other than an individual.|
If you have a previous felony drug conviction, the minimum is 20 years and maximum is life imprisonment. If you have two or more prior felony drug convictions, them sentence will be life imprisonment.
Quick Facts on Marijuana Trafficking Cases | USSC – Visit the official website for the United States Sentencing Commission (USSC) to read their report and statistics on federal marijuana trafficking offenses. Access the site to view graphics, common characteristics of marijuana crimes, sentences relative to guideline range, and other pertinent information.
Texas Laws and Penalties for Marijuana Crimes | NORML – Visit the official website for the non-profit organization NORML, which stands for the National Organization for the Reform of Marijuana Laws. Access their site to learn more about the penalties for marijuana possession, sale and distribution in the state of Texas.
DEA: Marijuana – Access the official website for the United State Drug Enforcement Administration (DEA) to read information regarding marijuana. You can see what the drug is used for and how it affects the body.
Houston Marijuana Trafficking Attorney | Harris County, TX
Have you been accused of trafficking marijuana? If so, then it’s crucial you find legal representation as soon as possible. Thankfully, you don’t have to look any farther than The Benken Law Firm. Brian Benken doesn’t just have years, but decades of experience defending Texas citizens. His passion for defense in addition to his vast courtroom knowledge can be utilized for your case so you have a sturdy and effective defense.
Get in contact with The Benken Law Firm by calling (713) 223 - 4051 today. The Benken Law Firm will review the details of your case with you and then chart out a defense plan immediately. The Benken Law Firm accepts clients throughout all parts of Harris County and every region in state of Texas.