Marijuana Drug Crimes in Texas
While other states have legalized the recreational use of marijuana, possession of marijuana generally remains unlawful in our state. Possession of two ounces or less is charged as a misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000. Marijuana possession of four ounces up to five pounds becomes a felony punishable by 180 days up to two years and/or a fine of up to $10,000.
Like other drug crimes, possession, sale, and cultivation of marijuana are charged based on the amount involved and other factors, such as if minors were involved in the offense.
However, many Texas cities and counties have decriminalized marijuana possession in amounts ranging from two to four ounces. This means these incidents will not generally be prosecuted in these areas unless they are part of a felony-level narcotics case. Currently, only medical marijuana is legal in Hildalgo County.
If you have been arrested for a marijuana drug crime, get advice and guidance from our attorney for the help you need.
Drug Crimes in Texas
The Texas Controlled Substances Act regulates drugs in Texas. This Act classifies drugs into different penalty groups based on their potential for abuse and their medicinal value. The Schedule of Controlled Substances ranges from Schedule I (drugs with the highest potential for abuse and no accepted medical use) to Schedule V (drugs with a lower potential for abuse and accepted medical use).
Schedule I drugs in Penalty Groups 1 and 1-B include narcotics such as heroin, cocaine, methamphetamine, oxycodone, and fentanyl. How you are charged, and the penalties you will face in these Penalty Groups and all others will depend on the type of drug involved, the quantity, and other facts and circumstances of your case.
For example, if you have less than a gram of the drugs listed in these Penalty Groups, you will be charged with a state jail felony punishable by 180 days up to two years. Amounts higher than that are charged as felonies that can lead to two up to 99 years in prison, along with fines as high as $100,000, depending on the case.
Drug crimes in Texas can include:
- Simple possession for one’s own use
- Possession of drugs for distribution or sale
- Drug manufacture or cultivation
- Drug trafficking
- Possession of drug paraphernalia
- Sale or distribution of drugs to minors
- Possession or distribution of drugs in drug-free zones
- Drugged driving
Alternative Sentencing Options in Texas
Alternative sentencing options for drug crimes in Texas offer a more rehabilitative approach compared to traditional punitive measures. These options aim to address the root causes of drug use and help offenders reintegrate into society. They are generally available to first-time nonviolent drug offenders.
Examples of these options may include:
- Treatment Alternative to Incarceration Program (TAIP): This statewide program is aimed at offenders dealing with drug addiction. TAIP offers treatment alternatives to jail time, focusing on rehabilitation rather than punishment.
- Drug Courts: These are specialized court docket programs for criminal defendants and offenders, including juveniles and parents with drug dependency issues facing child welfare issues.
- Supervised Release and Probation: These cases involved being released from custody under probation, which involves strict supervision by the court.
- Diversion Programs: Diversion programs divert cases from the criminal justice system. Requirements under these programs can include completion of treatment programs, community service, or payment of restitution. Successful program completion can result in reduced penalties or criminal charges being dismissed.
Turn to Anthony M. Ortega, PLLC, for Experienced Legal Counsel
A drug conviction can have severe consequences, affecting your personal life, employment, and future opportunities. However, being charged is not the same as being convicted. A skilled criminal defense lawyer can challenge the prosecution's evidence, negotiate plea deals, and design a strategy to fight for you at trial to protect your rights and future.
If you are facing drug crime allegations in or around Hildalgo County, your first order of business should be to contact our firm, where you can work one-on-one with our proven criminal defense attorney.
Contact a Hidalgo County drug crime defense lawyer at (956) 300-1402 to discuss your case and explore your options.
