Texas Marijuana Charge 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 
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 | ||
|
eight |
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 than 50 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 MARIJUANA
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 
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 Criminal Defense Attorney Website dedicated to defending those charged with DWI offenses.
DEFENSES FOR MARIJUANA 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 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, TX 77006
Phone: 713-504-0506 | Fax: 832-442-5033
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