Possession of Marijuana in Texas

Austin drug defense attorney lawyer Marihuana

Posted on: May 18, 2017

Possession of Marijuana Attorney in Austin, Texas and Round Rock, Texas

CONTACT US TODAY AT 512-457-5200!

The legality of the possession of marijuana has been a hot topic of debate in the US for the past several years. However, the possession of marijuana in the State of Texas is still illegal and can carry harsh penalties including a driver's license suspension, financial penalties, jail time, and even prison time depending on the severity of the crime.

Although a possession of marijuana charge can feel frightening and overwhelming, a strong legal defense can help significantly increase your chances of getting the charge reduced or dismissed completely. Jason Trumpler is an experienced criminal defense attorney with over 15-years of experience, who will fight on your behalf for the best possible outcome regarding your charge.


Although the public’s perception of marijuana has been significantly changed in recent years due to its decriminalization and medical legality in many states, the State of Texas still has harsh penalties for individuals convicted of marijuana possession.

These penalties may include:

·         2 ounces or less – Up to 6-months in jail and a fine as high as $2000. This is a Class B Misdemeanor.

·         2 ounces – 4 ounces – Up to 1-year in jail and a fine as high as $1000. This is a Class A misdemeanor.

·         4 ounces – 5 pounds – Up to 6-months to 2 -years in State Jail and a fine as high as $10,000. This is a State Jail Felony.

·         5 pounds – 50 pounds – Up to 2 – 10-years in prison and a fine as high as $10,000. This is a 3rd Degree Felony.

·         50 pounds – 2,000 pounds – Up to 2 – 10-years in prison and a fine as high as $10,000. This is a 2nd Degree Felony.

·         Possession of marijuana over 2,000 pounds – 5 – 99 years in prison and a fine as high as $50,000. This is a 1st Degree Felony.

It is also possible to be charged by the federal government for possession of marijuana and you can face penalties in federal court.  Attorney Jason Trumpler is licensed in all Federal Districts in the State of Texas.

It is important to note that possession of marijuana can not only result in the suspension of your drivers’ license, but can also show up on employment background checks.  This can affect not only your ability to travel to and for your job, but also your ability to secure future employment. If you have been charged with a possession of marijuana crime, it is important that you act quickly to mount a strong legal defense to help mitigate your chances of a conviction.


After you have been charged with possession of marijuana and retained an attorney, there are several things that your attorney will look for in order to get the best possible outcome for your case. First, if the police officer found marijuana on your person, was the search conducted in a legal manner following the proper legal channels? If the police officer ignored or did not follow the proper search protocol, this can help in getting your possession of marijuana charge dismissed in Texas. For instance, if your charge was the result of an unconstitutional traffic stop without proper cause for a temporary detention, this can result in a dismissal. Secondly, what knowledge did you have of the possession? If you did knowingly possess the marijuana, you cannot be found guilty of the charge.  

Finally, an experienced attorney with knowledge of the court system will significantly help your chances of reducing or dismissing a charge. Part of an experienced criminal defense attorney’s job is helping to negotiate the best deal for you – the client – whether that results in a complete dismissal or a reduced charge. An experienced attorney with many years’ experience can help negotiate the best deal for you with the prosecutor and the judge.


Jason Trumpler graduated from the University of Texas School of Law in 1999, and has over 15-years’ experience in criminal law in both Central Texas and California. He services Travis, Williamson, Hays, Caldwell, Burnet, Bastrop, Lee, Coryell, and Bell counties.  He handles all types of criminal defense matters including cases involving possession of marijuana, driving while intoxicated (DWI), and other charges.

If you or someone you know has been charged with possession of marijuana or another criminal matter, please contact our offices today at (512) 457-5200.

Austin Office
902 E 5th Street, Suite 108
Austin, TX 78702

Round Rock Office
1000 Heritage Center Cir
Round Rock, TX 78664


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