Why You Need a Criminal Defense Lawyer For Marijuana Charges
Facing marijuana charges can quickly become a serious situation. In Texas, any sort of recreational use of marijuana is illegal, and although medical usage is allowed, there are strict laws surrounding it. That is why individuals facing marijuana charges need the support of an experienced and knowledgeable criminal defense attorney. To begin with, it is important to understand what marijuana charges are and the potential consequences stemming from them. At the Law Offices of Thomas R. Cox III, Attorney Cox serves Dallas, Texas, and neighboring areas, including Irving, Mesquite, Grand Prairie, Highland Park, University Park, and Dallas County.
Understanding Marijuana Charges
Marijuana charges can be defined as the possession, sale, cultivation, and/or falsification of cannabis plants, and paraphernalia beyond legal limits that are considered for recreational use. As a result, individuals caught violating these policies may face a combination of jail time and financial penalties.
Here are the federal rules for marijuana charges:
Possession of two to four ounces is considered a misdemeanor.
Possession of more than four ounces to two thousand pounds is considered a felony.
Sale of seven grams or less is considered a misdemeanor.
Sale of more than seven grams up to two thousand pounds, including sales to minors, is considered a felony.
Cultivation of two to four ounces is considered a misdemeanor.
Cultivation and delivery of more than four ounces to two thousand pounds is considered a felony.
Possession of paraphernalia is considered a misdemeanor.
Sale of paraphernalia is considered a misdemeanor as a first offense.
Sale of paraphernalia is considered a felony after a first offense.
Sale of paraphernalia to a minor is considered a felony.
Falsifying a drug test is considered a misdemeanor.
Please note that marijuana charges are strict in Texas. Therefore, it is important to avoid exceeding legally authorized limits.
What Is Legal Marijuana Possession in Texas?
The following are the legal limits for marijuana possession in Texas:
Hemp is not considered the same as marijuana. Hemp is legal to possess. However, Hemp cannot be produced without licensing.
Medicinal marijuana is legal under medical prescription and supervision. These medical conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease.
Cannabis oil with less than 1% THC is legal for medicinal purposes.
Please note that cannabis extracts with a low THC level are permitted in substances such as oils. However, it is recommended to seek a medical opinion to determine if products are within the legal bounds of medicinal marijuana or for adult recreational use.
Penalties for Marijuana Charges
Penalties for marijuana charges are harsher in Texas as compared to federal marijuana laws. Here is a look at the possible penalties for marijuana charges in Texas:
Possession of up to two ounces is a Class B misdemeanor with a possible penalty of 180 days in prison and a fine of up to $2,000.
Possession of two to four ounces is a Class A misdemeanor with a possible penalty of up to a year in prison in a fine of up to $10,000.
Please note that the maximum sentence for marijuana possession is 99 years and a $50,000 fine.
Sale of fewer than seven grams is a misdemeanor with a penalty of 180 days in prison and a fine of $2,000.
Sale between seven grams and five pounds is a felony with a possible penalty of up to two years in prison and a $10,000 fine.
Please note that selling marijuana to a minor is a second-degree felony and can carry a twenty-year prison term with a $10,000 fine.
Possession of paraphernalia is a Class C misdemeanor with a $500 fine. However, selling paraphernalia to a minor is a felony and can carry a maximum two-year prison term.
Please bear in mind that a top criminal defense attorney can work with prosecutors to explain an individual’s specific circumstances. In doing so, charges may be dismissed or significantly reduced.
Possible Defenses for Marijuana Possession Charges
Drug possession charges generally rest on two main points:
The defendant exercised care, control, and management of cannabis products.
The defendant was aware they had possession of the substance.
If the prosecution is unable to prove both of these points, a defendant may have a good chance of getting charges dismissed or reduced. For instance, misdemeanor charges may be dismissed, or felony charges may be reduced to a misdemeanor.
Seeking the right legal counsel from an experienced criminal defense attorney can make a significant difference in building a strong defense against marijuana charges in Texas.
The Importance of a Top Criminal Defense Attorney
Individuals facing marijuana charges may not realize the severity of the charges. The possibility of a substantial fine and incarceration should prompt individuals facing marijuana charges to seek the legal counsel of a top criminal defense attorney.
An experienced and knowledgeable criminal defense attorney can work with prosecutors to explain the specific circumstances leading to the charges. A trusted criminal defense attorney can get charges reduced or dismissed. Ultimately, this outcome depends on the specific circumstances in each case.
Finding the Right Criminal Defense Attorney in Dallas, Texas
Finding the right drug crimes attorney in Dallas, Texas, boils down to knowledge and experience. Attorney Thomas R. Cox has knowledgeable and experienced members on staff to help clients deal with marijuana charges. Attorney Cox serves those in Dallas, Irving, Mesquite, Grand Prairie, Highland Park, University Park, and Dallas County. Call today to speak to an experienced member of the Law Offices of Thomas R. Cox III. Having the right legal counsel is the first step toward exercising the right to a fair defense.