What to Do When Caught With Marijuana in Texas
Don’t wait until you’ve been charged with drug possession to call a drug attorney. You need to figure out the right steps to take. It doesn’t matter why it happened; if you get in trouble with the law, it is extremely important for you to be prepared. You should know your rights and what to do in case you get a drug charge, and the right Sugar Land lawyer can help you avoid harsh penalties and fines.
Consequences of Drug Charges
Unlike some other states in the US, Texas has not yet legalized the medicinal or recreational use of marijuana. Being arrested for drug possession in Texas can carry a stiff penalty, as this state regards marijuana possession as a more serious matter than other states typically do. Even though you may see it as a minor offense, the state of Texas does not. It is important, then, to understand what a drug charge means for a Texan specifically.
It is also important to note that while certain areas in Texas are relaxing the legal consequences of marijuana possession, this does not apply to all counties.
Even being a first-time offender could lead to spending 180+ days in jail or steep fines. Career choices may dwindle when employers discover you have drug charges on your record. This can also affect your housing choices. A drug charge can have a significant negative impact on your life – so don’t let it destroy your future! Hiring an experienced drug attorney in Texas is the right thing to do for your future.
Possession of Marijuana (POM) or Drug Paraphernalia
Being in possession of 2 ounces or less of marijuana comes with a penalty of no more than 180 days in jail and up to $2,000 in fines. It is considered a misdemeanor to carry 2 or less ounces. It will be confiscated by the police. Drug paraphernalia includes items like pipes, water pipes, and other smoking devices. If found, these will also be confiscated and punishments include jail time and fines. It is also considered a misdemeanor. Here’s a helpful chart to break it down for you:
Texas POM Laws and Penalties
Ask any Sugar Land defense attorney/POM lawyer, and you will quickly learn what the common penalties are for possession of marijuana.
| Possession Charge | Penalty Type | Incarceration Period | Max. Fine |
| 4 oz or less | Misdemeanor | 180 – 365 days | $ 2,000 – $4,000 |
| 4 oz to 50 lbs | Felony | 180* days – 10 years | $ 10,000 |
| 50 – 2000 lbs | Felony | 2* – 20 years | $ 10,000 |
| More than 2000 lbs | Felony | 5* – 99 years | $ 50,000 |
| * Mandatory minimum sentence | |||
Selling Marijuana
It is against the law in the state of Texas to participate in the sale of marijuana in any amount. It is considered a misdemeanor to sell less than 7 grams. If you are selling over 7 grams, you can be charged with a felony, which brings worse consequences. Consequences include up to 2 years of prison time and fines of up to $10,000. Knowing how to defend against a drug trafficking charge can be difficult, but drug attorneys like David Hunter know exactly what to do.
Intent to Distribute
Even if you are not selling marijuana, having a “large” amount of it on you can be considered differently. This often results in you being charged with intent to distribute. The prosecution will stress that you had so much marijuana that you obviously intended to sell it. In order to prove this assertion, they will need to gather information such as the evidence caught at the time of your arrest. This includes things like a significant amount of cash, measuring equipment, packaging materials, etc. Your computer and cell phone may also be reviewed in order to see if you have any messages from potential customers. This all sounds very scary, but a great drug attorney can provide you with an excellent and successful defense.
What to Do when caught with marijuana in Fort Bend County
When you are first arrested, you should remain calm and silent. Do not say anything. Under your Fifth Amendment rights, you have the right to remain silent. You do not have to testify against yourself and have a right to not self-incriminate. Your next step should be to contact an experienced drug lawyer like David Hunter to handle your case. Give your lawyer all the information about what happened, when it happened, etc. Be completely honest with your lawyer. They will utilize the information you give them to craft the right defense for your case.
Protect Your Future and Call Drug Attorney David Hunter Today
There’s no time to lose when faced with a drug charge, especially in Texas. David Hunter can provide you with the best defense possible in order to lessen whatever consequences you may receive. David Hunter is committed to fighting for you and your rights. Call him today for a free consultation!
What to Do When Caught With Marijuana | David Hunter Law Firm – Sugar Land, TX
