Austin Marijuana Lawyer | Possession of Marijuana Criminal Defense

Austin Marijuana Attorney Jason Trumpler

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CONTACT US TODAY AT (512) 359-3300

Marijuana Offenses

A conviction for a marijuana offense in Austin can result in serious penalties and repercussions. Although this substance is widely used throughout Texas as a recreational drug, marijuana (also known as pot, weed, bud, hydro, ganja, bud, cannabis, chronic or marihuana) can result in a jail or prison sentence, steep fines, a driver’s license suspension and/or a criminal record.

If you have been charged with a marijuana offense in Austin, it is important to remember that you will not necessarily be convicted of an offense. The prosecution is required to prove you committed every element of the marijuana offense beyond a reasonable doubt. This is a very difficult to burden, and any doubt in the mind of the jury or judge can result in a dismissal or reduction of the charges against you. Therefore, it is essential to contact an experienced criminal defense attorney in Austin to help you create your best legal defense. In addition, many times, in Travis County there are a variety of ways to get your case reduced or dismissed before even facing a jury by taking the appropriate classes and completing community service.

Austin Marijuana Lawyer

If you have been charged with a marijuana crime in Austin, or any of the surrounding areas in Texas, including Lakeway, Pflugerville, West Lake Hills, Georgetown, Dripping Springs, San Marcos, Lockhart, Round Rock, Bee Cave, Cedar Park, Leander, Kyle, Buda, Wimberley, or New Braunfels, contact the Law Offices of Jason Trumpler at (512) 359-3300,.

Attorney Jason Trumpler is knowledgeable in all areas of Texas’ drug laws and will make every effort to fight the allegations against you. Call the Law Offices of Jason Trumpler for a free consultation at (512) 359-3300 about your alleged marijuana crime.

Marijuana Definition in Texas

According to the Texas Health and Safety Code § 481.002, marijuana or marihuana is defined as:

  • The Cannabis plant,
  • Seeds from the Cannabis plant,
  • Any compound of the Cannabis plant or its seeds,
  • Any derivative of the Cannabis plant or its seeds,
  • Any salt from the Cannabis plant or its seeds,
  • Any mixture of the Cannabis plant or its seeds and/or
  • Any preparation of the Cannabis plant or its seeds.

This does not include sterilized seeds incapable of germination, resin from the Cannabis plant, any mature stalks of the plant, or any oil or cake made from the seeds or mature stalks of the Cannabis plant.

Marijuana Crimes in Austin

The Texas Controlled Substances Act (Chapter 481 of the Texas Health and Safety Code) defines the criminal offenses and penalties associated with marijuana use. A few of the most commonly charged marijuana crimes in Austin are listed below.

An individual can be charged with possession of marihuanaunder the Texas Health and Safety Code § 481.121 if they knowingly or intentionally possess a usable amount of marijuana. Depending on the amount of marijuana in the individual’s possession, this offense is punishable as a Class B or A misdemeanor, state jail felony, felony of the third or second degree or life felony, depending on the amount of marijuana in the individual’s possession.

According to the Texas Health and Safety Code § 481.121, an individual can be charged with marijuana cultivation if they cultivate or grow marijuana plants under Texas’ marijuana possession statute. The penalties for certain plant amounts are as follows:

  • 2 ounces or less – Class B misdemeanor
  • More than two ounces, but less than four ounces – Class A misdemeanor
  • More than four ounces, but less than five pounds – State jail felony
  • More than five pounds, but less than 50 pounds – Felony of the third degree
  • More than 50 pounds, but less than 2,000 pounds – Felony of the second degree
  • More than 2,000 pounds – Life felony

Additionally, anyone who plants, cultivates or harvests marijuana or cannabis plants in Texas is subject to forfeiture of the plants and law enforcement will seize the plants under the Texas Health and Safety Code § 481.152.

As defined in the Texas Health and Safety Code § 481.120, an individual can be charged with marijuana trafficking if they knowingly or intentionally actually or constructively transfer marijuana to another person in the following amounts:

  • ¼ ounce or less without receiving payment (i.e. a gift) – Class B misdemeanor
  • ¼ ounce or less with payment (i.e. sale) – Class A misdemeanor
  • More than ¼ ounce, but less than five pounds – State jail felony
  • More than five pounds, but less than 50 pounds – Felony of the second degree
  • More than 50 pounds, but less than 2,000 pounds – Felony of the first degree
  • More than 2,000 pounds – Life felony

An individual can be charged with marijuana distribution or delivery under the Texas Health and Safety Code § 481.120 if they knowingly or intentionally deliver marijuana. This offense is punishable as a Class B or A misdemeanor, state jail felony, felony of the second or first degree, or life felony depending on the amount of marijuana delivered and whether the alleged offender received payment for the marijuana.

According to the Texas Health and Safety Code § 481.122, an individual can be charged with delivery of marijuana to a child if they knowingly deliver, sell or distribute marijuana to a child or to an individual who is enrolled in a primary or secondary school. This offense is punishable as a felony of the second degree.

Austin Penalties for Marijuana Offenses

The basic statutory penalties for marijuana offenses are defined in Chapter 12 of the Texas Penal Code. However, these punishments can increase depending on the amount of marijuana, whether the alleged offender received payment for the offense, whether a child was present during the commission of the offense, whether the alleged offender has a previous criminal history and whether the alleged offender used a weapon during the offense.

  • A marijuana offense that is a Class B misdemeanor can result in a jail sentence up to 180 days and/or a fine up to $2,000
  • A marijuana offense that is classified as a Class A misdemeanor can result in a jail sentence up to one year and/or a fine not more than $4,000.
  • A state jail felony marijuana offense can result in a jail sentence from 180 days to two years and/or a fine up to $10,000.
  • If the marijuana offense is a felony of the third degree, the alleged offender can be sentenced to a prison sentence from two to ten years and/or up to a $10,000 fine.
  • A felony of the second degree marijuana offense can result in a prison sentence from two to 20 years and/or a fine not more than $10,000.
  • A marijuana offense that is a felony of the first degree can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine up to $10,000.
  • Marijuana possession offenses that are life felonies can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine up to $50,000.
  • Marijuana trafficking offenses that are life felonies can result in a prison sentence from ten years to 99 years or life imprisonment and/or a fine up to $100,000.
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