Marijuana

 

Marijuana charges are very serious, especially in Texas.  If you are charged with a marijuana related offense, you need a skilled attorney to defend your rights and protect your interest throughout the criminal process.  The Fourth Amendment protects every one of us against unreasonable  searches and seizures made by the government.  I will investigate your case to find any evidence that the police conducted an illegal search and seizure  because this can lead to a dismissal in your case.

Delivery of Marijuana


Amount:

1/4 Ounce or Less

Range of Punishment:

*With NO payment for the marijuana

Class B Misdemeanor = Up to 180 days in jail, and/or a fine up to $2,000

*With payment for the marijuana

Class A Misdemeanor = Up to 1year in jail, and/or a fine up to $4,000

Amount:

5 pounds or less but more than 1/4 ounce

Range of Punishment:

*With NO prior felony & no deadly weapon involved

State Jail Felony = Jail time up to 2 years, no less than 180 days, and a potential fine up to $10,000

*With prior felony or deadly weapon involved

3rd Degree Felony = Jail time up to 10 years, no less than 2 years, and a potential fine up to $10,000

Amount:

50 pounds or less but more than 5

Range of Punishment:

2nd Degree Felony = Jail time up to 20 years, no less than 2 years, and a potential fine up to $10,000

Amount:

2,000 pounds or less but more than 50

Range of Punishment:

1st Degree Felony = Jail time for life or up to 99 years, no less than 5 years, and a potential fine up to $10,000

Amount:

More than 2,000 pounds

Range of Punishment:

Jail time for life or up to 99 years, no less than 10 years, and a  fine up to $100,000

 

ENHANCEMENTS & OTHER CHARGES

 

Delivery to a Child

2nd Degree Felony = Jail time up to 20 years, no less than 2 years, and a potential fine up to $10,000

Use of Child in Commission of Offense

Penalties are increased by one degree up to a 2nd Degree Felony

If there is the threat of or use of force against the child:

1st Degree Felony = Jail time for life or up to 99 years, no less than 5 years, and a potential fine up to $10,000

Drug Free Zones

Penalties  may be subject to enhancement if the offense is found to have occurred in a “Drug-Free Zone” as described in section 481.134 of the Texas Heath & Safety Code.

 

Possession of Marijuana


Amount:

2 ounces or less

Range of Punishment:

Class B Misdemeanor = Up to 180 days in jail, and/or a fine up to $2,000

Amount:

4 Ounces or less but more than 2

Range of Punishment:

Class A Misdemeanor = Up to 1year in jail, and/or a fine up to $4,000

Amount:

5 pounds or less but more than 4 ounces

Range of Punishment:

State Jail Felony = Jail time up to 2 years, no less than 180 days, and a potential fine up to $10,000

Amount:

50 pounds or less but more than 5

Range of Punishment:

3rd Degree Felony = Jail time up to 10 years, no less than 2 years, and a potential fine up to $10,000

Amount:

2,000 pounds or less but more than 50

Range of Punishment:

2nd Degree Felony = Jail time up to 20 years, no less than 2 years, and a potential fine up to $10,000

Amount:

More than 2,000 pounds

Range of Punishment:

Jail time for life or up to 99 years, no less than 5 years, and a fine up to $50,000

ENHANCEMENTS

 

Drug Free Zones

Penalties  may be subject to enhancement if the offense is found to have occurred in a “Drug-Free Zone” as described in section 481.134 of the Texas Heath & Safety Code.

 

 

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