Possession of Marijuana under 2 Oz.
Although this offense is a class B misdemeanor and considered a minor case, if not handled correctly, it can cause lots of problems. Although it looks like it will probably be legalized sometime in the future, right now it is illegal and could get you arrested. Also, even if you come from a state where it is legal and you possess it in Texas you may be charged. Unless you get the record sealed, it will show up on background checks and may cause problems renting an apartment or obtaining employment since they may think you will be smoking Marijuana on the premises. Also, if you are not a United State citizen, over a certain amount, even if a misdemeanor could get you deported. The point being do not trivialize the charge. Consult with an attorney and discuss the possible consequences and options available. We have handle dozens of these cases every year with very satisfactory outcomes and would welcome a chance to discuss your case with you.
Other Drug Cases
Substances that you can possess that could cause you to be charged with drug possession or with intent to deliver a drug are categorized into penalty groups. For example, heroin, cocaine, methamphetamine, PCP and several others are in Penalty Group 1. Any amount of a substance in this penalty group is a felony. It can be a state jail felony carrying up to 24 months in a state jail up to a super first degree felony carrying a minimum of 10 years up to 99 years or life in prison. For example, possession of pg1 200 Gram or more but less than 400 grams is a first degree felony. Penalty Group 2 includes substances such as ecstasy and amphetamines. Any amount is a felony. There are about 6 penalty groups. PG1, PG1-A, PG2, PG2A, PG3, and PG4. The latter 3 groups can be low level misdemeanors up to 1st degree felonies. If you are interested, you can get on google and search for Texas Health and Safety Code 481. That will get you to the chapter that covers most drug charges. Or the link to it is:
That chapter will also cover the offense of possession of prescription drugs when you do not have prescription. Some of those offenses can also be felonies, so I would suggest being careful about taking a pill from someone that requires a prescription.
Just because you are charged with one of these drug offenses does not necessarily mean you will be going to prison. If you have a drug problem, some type of rehabilitation program followed by probation may be more just than prison.
Also, there are various ways to fight this offense. Some are: going to trial, showing there was not an affirmative link of the drugs to you, or, if prescription drugs, that you have or had a prescription for it. We have represented many clients over the years charged with these offenses with excellent results. If you are charged with one of these offenses, call us at 972-722-0887 or text us at 972-814-7318 to setup a free phone consultation.