Possession of Marijuana

Possession of Marijuana (TX HSC, §481.121) is one of the most common offenses in Williamson County and leads to many first-time arrests. To be guilty of the charge, someone must have “actual care, custody, control, or management” of the drug (TX HSC, §481.002(38) and the amount of marijuana possessed must be at least a “usable quantity.” Although the charge is commonly associated with younger offenders, we have represented clients of all ages facing the charge, including senior citizens.

Possession of Marijuana is charged as a Class-B misdemeanor if the amount is at least a “usable quantity” but is less than two ounces. If convicted, you could face up to six months in jail and/or a fine not to exceed $2,000, or probation in lieu of jail time.

The charge is a Class-A misdemeanor if the amount is “four ounces or less but more than two ounces.” If convicted, you could face up to twelve months in jail and/or a fine up to $4,000, or probation in lieu of jail time.

To be charged as a felony, the amount of marijuana possessed must exceed four ounces. Probation on a felony case can be up to ten years and the fines can be up to $10,000.

A conviction for possession of marijuana will trigger an automatic suspension of your Texas driver’s license for 180 days and could significantly limit future employment opportunities, especially in the medical and transportation fields (ex: commercial pilot’s license, nursing license, etc.).

Marijuana possession cases generally revolve around two major issues: whether the defendant had actual possession of the marijuana, and whether the search that yielded the marijuana was legal. If the search was illegal or if the defendant did not have actual possession of the drug, an experienced attorney may be able to get the case dismissed.

Call The Law Office of Gregory R. Terra at (512) 635-4368 for an experienced, local, and highly rated attorney to assist you in your criminal case.