Marijuana: Houston Criminal Attorney: Texas Law

Many people assume that marijuana-related charges are not as serious other drug charges; however, marijuana possession is not decriminalized in Texas and even a miniscule amount can land you 6 months in jail. Texas also does not recognize any form of medical marijuana, so a medical card or doctor's note will not be a valid defense.
If you have been arrested in Texas for a marijuana crime it is very important to contact a Texas criminal law attorney immediately.

Texas has a well earned reputation as being extremely severe in its imposition of penalties for drug use and possession.
Like most states, Texas determines punishment based on the weight or amount of the drug in question. Possession of any amount up to one pound of marijuana (including very small quantities for personal use) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine. If you have no prior felony convictions and are arrested with a small quantity, the judge still must  impose a sentence of probation with drug treatment, although he/she has discretion over the length of probation and whether or not to impose or waive the fines.
But any leniency on the judge's part ends there.  For  possession of 1-5 lbs. there is no probation and a minimum sentence of 6 months will be imposed. This is also now considered a "state jail felony" which means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.
For anything over the five pound limit the court will automatically assume you are a major trafficker, and the penalties increase rapidly. You will now be charged with a regular state felony, and likely sentenced to state prison:  

• 5 - 50 lbs: 2-10 years, $10,000 fine    
• 50 lbs to 1 ton: 2-20 years, $10,000 fine    
• 1 ton or more: 5-99 years, $50,000 fine

Texas law also does not recognize "gifts" under simple possession laws. This means that if you simply give somebody a joint, that action carries the same 6-month $2,000 fine as simple possession, but without the probation requirements (i.e. you will likely serve time). If you sell them that same amount, the penalty jumps to 1 year. Penalties for the sale or delivery of marijuana are also assigned by weight in Texas:

• 1/4 oz  - 5 lbs: 6 months - 2 years, $10,000 fine
• 5 lbs - 50 lbs: 2 - 20 years, $10,000 fine
• 50 lbs - 1 ton: 5 - 99 years, $10,000 fine
• 1 ton or more: Mandatory minimum of 10 - 99 years, with a $100,000 fine

If the delivery or sale is to a minor (in ANY amount), punishment automatically increases by an additional 2-20 years in prison. Also, any sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (in some cases a difference of several years). These sentences are for either sale or delivery, meaning that it is irrelevant whether or not you receive compensation or just give it to someone.

As of June 2014, 23 states have legalized cannabis for medical use with three more states pending legislation. Texas does not recognize any form of medical marijuana, so even if you have a doctor's prescription for marijuana issued in your home state, it will become invalid once you cross the Texas state line and all the  laws above apply to you. 
If you are arrested with marijuana in your possession a medical card or doctor's note will not provide ANY defense. Also, because federal law also does not recognize medical marijuana (even in your home state), carrying medical marijuana over state borders may become a federal trafficking offense.

The laws in this field are extremely harsh and frequently changing, so having up to date facts and advice can be the difference between a minor hassle and a prison sentence. If you have been accused of marijuana possession or distribution, visit www.drug-trafficking-attorney.com or contact the office of Richard Kuniansky at 713-622-8333 for a free consultation.