Fort Worth Marijuana Possession Lawyer
If you’ve been charged with the possession of a controlled substance such as marijuana, you need a defense that gives the best chance for beating the charge against you. Find out how to handle your case by consulting with a Fort Worth marijuana attorney today.
Marijuana might be legal for recreational use in other states, but this isn’t yet the case in Texas. While the state doesn’t treat marijuana as the Schedule I drug the federal government classifies it as, marijuana possession can still lead to some serious penalties.
From expensive fines to a drivers license suspension to time in jail or prison, the penalties that come with possessing weed are harsh and best avoided. Unfortunately, clearing your name is rarely easy, as it will be necessary to provide a defense that’s more convincing than the prosecution’s case.
By working with a Fort Worth marijuana possession lawyer from the Law Offices of Jeff C. Kennedy, you can get precisely the right defense for your case. We’ve helped thousands of people beat the criminal charges against them, and we can help you, as well.
Understanding Marijuana Laws in Texas
As Fort Worth and the rest of Texas have a number of universities, colleges, and tourist attractions, we see a lot of out-of-state visitors. People from other states are often surprised at some of the restrictions placed on cannabis products here, which can get them into legal trouble rather quickly.
Of course, Texas’ marijuana laws can also be confusing to residents. Generally speaking, however, any type of recreational marijuana use is going to be illegal. This also extends to synthetic marijuana products, such as K2, spice, and cannabis oil.
While medical marijuana is legal for some uses effective September 2017, this is only for patients suffering from intractable epilepsy and who meet certain other criteria. In addition, the approved medical marijuana is only for varieties with very low levels of tetrahydrocannabinol (THC), the chemical component that produces the “high” feeling.
This means that medical marijuana from other states might not be legal in Texas—something that can quickly result in a possession charge. Even worse, a marijuana offense that crosses state lines becomes more likely to be elevated to the level of a federal offense.
Texas Punishments for Weed Possession
The punishments for marijuana possession in Texas tend to be severe, and the exact penalty you face will depend on the quantity of weed or synthetic marijuana that was found in your possession.
If a large enough quantity is involved, you might face additional drug charges, such as intent to distribute or drug trafficking. Higher penalties will also apply if you were caught in a “drug-free zone,” such as a school, playground, public swimming pool, youth center, or video arcade.
A Fort Worth marijuana lawyer from our firm can determine exactly what you’ll be up against, but in general, these are the sentencing guidelines employed in Texas for marijuana possession:
- Under Two Ounces – Class B misdemeanor, up to 180 days in jail, fine up to $2,000
- Two to Four Ounces – Class A misdemeanor, up to one year in jail, fine up to $4,000
- Four Ounces to Five Pounds – State jail felony, 180 days to two years in jail, fine up to $10,000
- Five to Fifty Pounds – Third-degree felony, two to ten years in prison, fine up to $10,000
- Fifty to 2,000 Pounds – Second-degree felony, two to twenty years in prison, fine up to $10,000
- Over 2,000 Pounds – First-degree felony, five to ninety-nine years in prison or a life sentence, fine up to $50,000
Additionally, if your arrest involved marijuana paraphernalia, such as a bong, rolling papers, a pipe, or even a baggie, you’ll also likely be charged with an additional Class C misdemeanor that will carry up to a $500 fine.
Finally, any drug conviction will also result in a 180-day suspension of your drivers license. Your license won’t be reinstated automatically, either, as you’ll need to take a fifteen-hour drug education program first.
Defending Against Possession Charges
While even a roach, stem, seed, or residue on a pipe is enough marijuana to result in a possession charge, there’s always a defense to be made. Police often “overcharge” drug offenses, hoping that you’ll be intimidated into pleading guilty to a lesser charge.
This isn’t your only option. The burden of proof is the prosecutor’s—not yours. Your Fort Worth marijuana possession attorney has to establish reasonable doubt, which can be done in any number of ways, depending on your case.
For example, if the weed wasn’t actually on your person, an argument can be made that you were not the owner of the drugs. Similarly, you might have been transporting a package for someone else and not been aware of the marijuana contained within it.
Even if these aren’t options in your case, there’s still hope for avoiding a conviction. Police often commit procedural errors or rights violations that can get evidence declared inadmissible in court. If they searched your home or vehicle without probable cause or a warrant, any marijuana found shouldn’t be legally considered as evidence.
Connect with a Marijuana Attorney in Fort Worth
The Law Offices of Jeff C. Kennedy has over two decades of experience defending people who have been accused of crimes. Many of these cases involved the possession of marijuana and related offenses. We have the experience, knowledge, and dedication to see your case through to the best possible resolution.
A marijuana possession conviction is not something you want on your record, as the damage to your personal and professional lives can be substantial—even beyond the potential for fines and imprisonment. Our goal will be to see your weed charges dismissed, as we want to see you return to the life you knew prior to the arrest.
Explore your legal options with the help of a capable Fort Worth marijuana possession lawyer. Schedule a free consultation that’s 100 percent confidential today by simply completing the contact form below or by calling our office directly at 817-605-1010.