Marijuana Charges Defense

Texas Marijuana Drug Charges Defense

If you have been arrested for possessing or delivering marijuana you could be facing serious consequences. A conviction for a marijuana charge can have lasting consequences, impacting marijuana charges defense Houston Texas, texas marijuana drug charges defense Houston Texas, houston marijuana drug charges defense Houston Texas, felony charges, felony assault Houston Texas, assault battery charges Houston Texas, felony marijuana crimes Houston Texas, felony marijuana drug charges Houston Texas, misdemeanor marijuana drug charges Houston Texas, charges for marijuana possession Houston Texas, marijuana delivery charges Houston Texas, marijuana drug charges defense Houston Texas, marijuana drug defense attorney Houston Texas, what are felony marijuana crimes Houston Texas, marijuana possession defense Houston Texas, intent to distribute marijuana charges Houston Texas,your future career, and educational opportunities. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

Legal Definition of Marijuana

Chapter 17 of the Texas Health & Safety Code § 481.002 defines Marijuana as the plant Cannabis sativa L., whether it is growing or not, the seeds of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The following are not considered Marijuana under Texas law:

  • The resin extracted from a part of the plant or a compound, manufacture salt, derivate, mixture, or preparation of the resin
  • The mature stalks of the plant or fiber produced from the stalks
  • Oil or cake made from the seeds of the plant
  • A compound, manufacture, salt, derivative mixture, or preparation of the mature stalks, fiber, oil, or cake
  • The sterilized seeds of the plant that are incapable of beginning germination

POSSESSION OF MARIJUANA

PUNISHMENT

Weight

Classification

Punishment

< 2 ounces

Class B Misdemeanor

Sentence: Up to 180 days in county jail
Fine: Up to $2,000

2 – less than 4 ounces

Class A Misdemeanor

Sentence: Up to 1 year in county jail
Fine: Up to $4,000

4 ounces –less than 5 pounds

State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

5 – less than50 pounds

Third-Degree Felony

Sentence: 2 – 10 years in state prison
Fine: Up to $10,000

50 – less than 2,000 pounds

Second-Degree Felony

Sentence: 2 – 20 years in state prison
Fine: Up to $10,000

2,000 + pounds

Enhanced-First Degree Felony

Sentence: 5-99 years in state prison
Fine: Up to $50,000


DELIVERY OF MARIJUANA

PUNISHMENT

Weight

Classification

Punishment

< ¼ ounce, given, not for payment

Class B Misdemeanor

Sentence: Up to 180 days in county jail
Fine:Up to $2,000

< ¼ ounce, for payment

Class A Misdemeanor

Sentence: Up to 1 year in county jail
Fine: Up to $4,000

¼ ounce – less than 5 pounds

State Jail Felony

Sentence: 180 days – 2 years in a state jail
Fine: Up to $10,000

5 – less than 50 pounds

Second-Degree Felony

Sentence: 2 – 20 years in state prison
Fine: Up to $10,000

50 –less than 2,000 pounds

First-Degree Felony

Sentence: 5-99 years in state prison
Fine: Up to $10,000

2,000 + pounds

Enhanced-First Degree Felony

Sentence: 10-99 years in state prison
Fine: Up to $100,000


LICENSE SUSPENSION

In Texas, your license will be suspended for 6 months following a drug conviction.

DRIVING UNDER THE INFLUENCE OF MARIJAUANA

In Texas, if you are driving while under the influence of marijuana you could be charged with Driving While Intoxicated. After an arrest for DWI, it is important to quickly contact an marijuana charges defense Houston Texas, texas marijuana drug charges defense Houston Texas, houston marijuana drug charges defense Houston Texas, felony charges, felony assault Houston Texas, assault battery charges Houston Texas, felony marijuana crimes Houston Texas, felony marijuana drug charges Houston Texas, misdemeanor marijuana drug charges Houston Texas, charges for marijuana possession Houston Texas, marijuana delivery charges Houston Texas, marijuana drug charges defense Houston Texas, marijuana drug defense attorney Houston Texas, what are felony marijuana crimes Houston Texas, marijuana possession defense Houston Texas, intent to distribute marijuana charges Houston Texas,experienced criminal defense attorney so that all avenues of attack can be preserved. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

In Texas, a person is driving while intoxicated, if they are operating a motor vehicle in a public place while they do not have the normal use of their mental or physical faculties by reason of the introduction of marijuana. For more information on Driving While Intoxicated charges please go to my website dedicated to defending those charged with DWI offenses.

DEFENSES FOR MARIJAUANA CHARGES

Brittany Carroll Lacayo will analyze your case to determine any possible defenses. If you would like to discuss your case with Brittany Carroll Lacayo you can call her office at 713-504-0506 to schedule a free initial consultation and case evaluation, or by using the online case evaluation form.

Defenses to marijuana charges include:

Illegal Search and Seizure

If the evidence gathered by the police was the result of an illegal search and seizure of you, your vehicle, or your property Brittany Carroll Lacayo may be able to have the evidence suppressed. If the evidence is suppressed, the prosecution may not use that evidence against you in court. If the state cannot prove their case without that evidence. your case might be dismissed or you may be acquitted of the charges.

Invalid Search Warrant

If the police improperly created a search warrant or their search exceeded the scope of the warrant Brittany Carroll Lacayo may be able to have the evidence found as a result of the search suppressed.

Not in Possession

Brittany Carroll Lacayo may be able to show that you were not in possession of the marijuana. If the marijuana was found nearby or not on your person, an argument could be made that you did not have possession of it. Texas law defines possession as actual care, custody, control, or management.

POSSESSION OF DRUG PARAPHERNALIA

Under the Texas Controlled Substances Act, Drug Paraphernalia includes any item that can used as a drug processing, packaging, or consumption mechanism. Most drug paraphernalia marijuana charges defense Houston Texas, texas marijuana drug charges defense Houston Texas, houston marijuana drug charges defense Houston Texas, felony charges, felony assault Houston Texas, assault battery charges Houston Texas, felony marijuana crimes Houston Texas, felony marijuana drug charges Houston Texas, misdemeanor marijuana drug charges Houston Texas, charges for marijuana possession Houston Texas, marijuana delivery charges Houston Texas, marijuana drug charges defense Houston Texas, marijuana drug defense attorney Houston Texas, what are felony marijuana crimes Houston Texas, marijuana possession defense Houston Texas, intent to distribute marijuana charges Houston Texas,charges are based on possession of a pipe or a bong. Brittany Carroll Lacayo handles possession of drug paraphernalia cases throughout the greater Houston area. Contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

PUNISHMENTS FOR DRUG PARAPHERNALIA IN TEXAS

Simple possession of drug paraphernalia is a Class C Misdemeanor, punishable by a fine up to $500. Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, punishable by up to a year in jail and up to a $4,000 fine. If the buyer was a minor, a least 3 years younger than the seller, then the sale is a state jail felony and the punishment is 180 days to 2 years in state jail and a $10,000 fine.


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.


212 Stratford St. Houston, Texas 77006 | Phone: 713-504-0506 | Fax: 832-442-5033