Marijuana Possession Attorney
Marijuana Possession Attorney Assists With Legal Penalties In Dallas
While many states in the US have changed their approach towards marijuana possession, Texas is still lagging behind. Marijuana use in Texas is allowed for medical purposes. However, this happens under strict medical cannabis guidelines allowing limited low-THC usage. Possessing Marijuana in Dallas is still illegal and attracts severe consequences.
Marijuana-related issues in Dallas, fall under Texas Health & Safety Code: 481.032 schedules. Possessing tiny amounts of Marijuana (less than two ounces) in Dallas attracts months in jail and a hefty fine (up to $2,000). Penalties range in severity based on the quantity of Marijuana in question and the type. For instance, concentrated forms of Marijuana like hash oil attract longer jail terms since such offenses qualify as felonies. Here’s more on marijuana possession in Dallas and resulting penalties.
Legal Penalties Based On Quantity
- Marijuana Under 2 oz
If you are caught in Dallas with Marijuana under 2 oz., you are bound to face a Class B misdemeanor. Such offenses attract up to 6 months in jail and a fine not exceeding $2,000. However, it is possible to spend more time in jail or pay higher fines depending on the specific facts.
For instance, repeat offenders usually get harsher penalties. The Class B misdemeanor can be enhanced to a more serious charge if you have been arrested multiple times before. The same applies to possession accompanied by other offenses.
For example, if you are drunk driving when you are arrested and have Marijuana under 2 oz, you can expect a harsher sentence. The same applies to being caught stealing while in possession of Marijuana.
- Marijuana Ranging Between 2 & 4 oz
Persons caught with 2 to 4 oz of Marijuana in Dallas can expect to face Class A misdemeanor charges and penalties. A typical Class A misdemeanor charge in Dallas attracts up to 12-months in jail and a fine not exceeding $4,000.
However, misdemeanors can escalate to more severe charges based on individual facts of a case. Generally, a person who has been arrested and convicted of marijuana possession is bound to face stiffer penalties than a first offender.
- Marijuana Possession Ranging Between 4 oz & 5 lbs.
Persons arrested in possession of 4 oz to 5 pounds can expect to face state jail felony charges which attract stiffer penalties than misdemeanors. State jail felony convictions attract up to 24-months in jail and a fine not exceeding $10,000. However, it is possible to serve a shorter sentence depending on individual case facts.
What’s more, the penalties can be more severe if the charges are enhanced. For instance, if you face charges for possessing Marijuana while using or exhibiting a deadly weapon like a gun or knife, your charges can be enhanced, resulting in stiffer penalties. You should also expect more severe penalties if you have prior felony convictions. For instance, burglary, murder, assault, and other prior charges will result in an enhancement.
- Marijuana Possession Ranging 5 to 50 lbs.
Individuals who are caught in Dallas with 5-50 lbs. of Marijuana are bound to face 3rd-degree felony charges which attract two years to a decade in jail. The charges also attract a fine (not exceeding $10,000).
Like other charges, enhancement is a possibility depending on previous convictions or other offenses committed before/during an arrest. A thief who is caught in the act in possession of Marijuana weighing 5-50 lbs. can expect a longer jail term.
- Possession of 50 to 2000-lbs of Marijuana
If you are arrested with 50 to 2,000 pounds of Marijuana, you are bound to face 2nd Degree felony charges, which come with stiffer penalties such as 2 to 20-years in prison and a fine not exceeding $10,000. Perpetrators can get stiffer penalties ranging between 5 and 20-years in jail if the marijuana quantity is higher.
Possession accompanied by other offenses like violent crimes can result in an enhancement to a first-degree felony that can attract up to a century in prison. Repeat offenders also face stiffer charges or enhancements when compared to first-time offenders.
- Possession of Over 2,000-lbs of Marijuana
A person who is caught in possession of more than 2,000 pounds of Marijuana in Texas can expect to face 1st-degree charges. A conviction will attract 5 to 99 yrs. in prison and a fine not exceeding $50,000.
The severity of a charge will depend on the actual quantity. For instance, a person caught with 10,000 lbs. can expect a harsher penalty than one arrested in possession of 2,500 lbs. of Marijuana.
Legal Penalties Based On Sale
Texas punishes marijuana possession based on other factors like your intention. If you possess Marijuana with an intention to sell or you are caught selling, your penalty will vary based on the quantity in question as well as other factors such as who you are selling to and where you were selling from. Generally, persons who possess to sell face stiffer penalties than those who possess for their own consumption.
- Penalties for Selling up to 0.25 oz
Persons caught selling up to 0.25 oz are likely to face Class B misdemeanor charges in Dallas. As mentioned above, such charges attract penalties such as up to 6 months in jail and a fine not exceeding $2,000 if there is no remuneration.
However, it is possible to spend more time in jail or pay higher fines depending on the specific facts of a case. For instance, in the presence of remuneration, the charges can result in a Class A misdemeanor which attracts up to 12-months in jail and a fine not exceeding $4,000. However, a Class A can be enhanced to more severe charges based on individual facts of a case. Generally, a person who has been arrested and convicted of selling Marijuana is bound to face stiffer penalties than one who is being caught selling for the first time.
- Penalties for Selling 0.25 oz to 5-lbs of Marijuana
Persons caught in selling between 0.25 oz and 5 pounds of marijuana face state jail felony charges, which attract stiffer penalties than misdemeanors. State jail felonies in Dallas attract up to 24-months in jail and a fine not exceeding $10,000.
However, it is possible to get shorter sentences depending on individual case facts. Selling lower quantities will attract less severe charges. Prior convictions coupled with large quantities are bound to attract the harshest sentence.
- Penalties for Selling 5 to 50 lbs. Marijuana in Dallas
Marijuana possession arrests involving 5 to 50 lbs. result in 2nd-degree felony charges if you are found selling. The penalty for a 2nd-degree felony conviction is 2-20 years jail term and a fine not exceeding $10,000.
The charge can be enhanced to a 1st-degree felony depending on the circumstances of the arrest. For instance, if you were arrested while using/intending to use a deadly weapon such as a gun, the penalties would be more severe. Repeat offenders also get harsher penalties.
- Penalties for Selling 50 to 2000 lbs.
Persons arrested while selling 50-2,000 lbs. Of marijuana face 1st felony degree charges. The penalties for conviction include a fine (not exceeding $50,000) and a 5-to-99-year jail term. The time you will spend in jail for selling over 50 lbs. of Marijuana will depend on the circumstances of the arrest. Like other charges above, repeat offenders face harsher punishments. The same applies to other offenses committed while selling.
For instance, if you possess an illegal weapon, other drugs, resist arrest, or commit other offenses, you can expect to get more years in jail and face higher fines.
- Penalties for Selling 2,000+ lbs.
Anyone found selling over 2,000 pounds of Marijuana in Dallas risks spending a decade to a century in jail (10 to 99 years). Such persons also risk fines up to $100,000.
Other Penalties For Possession And Selling Marijuana In Dallas, Tx
As discussed above, it also matters who the drugs are being sold to. For instance, if you face charges for selling Marijuana to minors (persons under 17 years), you risk 2nd-degree felony penalties (2-20 years jail term and a fine not exceeding $10,000.) if the Marijuana is over 0.25 oz.
Selling marijuana in a drug-free zone also attracts harsh penalties. In most cases, you risk facing double penalties. For instance, if you are selling 5 to 50 lbs. which attracts 2nd-degree felony penalties i.e..,2-20 years jail term and a fine not exceeding $10,000, you risk getting up to 40 years and paying up to $10,000 in fines.
Texas has harsh marijuana possession laws. It gets harsher if you are caught selling. To avoid lengthy jail terms and hefty fines for something that could be legal in another state, you need legal assistance from a lawyer with a successful record fighting marijuana possession and related cases in Dallas.
The Medlin Law Firm has attorneys with 79 yrs. of combined legal experience tackling Marijuana and drug-related cases in Dallas. Don’t risk your freedom by overlooking legal expertise. Cases can be dismissed or withdrawn if the search/seizure was unlawful.