What will happen if I have a Possession of Marijuana Case?

Posted over 3 years ago. Applies to Texas, 2 helpful votes



Will I Go To Jail?

Everyone arrested for Possession of Marijuana stands a good chance of going to jail at the time of arrest. However, in some cases, a person may be released on the scene if it is a small Class "C" misdemeanor possession of drug paraphernalia. Once the case is disposed of at a later date, a jail sentence is a possibility depending on the facts in the case. Each case is different and many factors are involved concerning what may happen; however, for a typical first time misdemeanor Possession of Marijuana, a jail sentence is not the normal outcome.


Will I Lose My Driver License?

If your case is not dismissed or you do not obtain deferred adjudication probation, you may lose your license for 180 days if you are over 21. If you are under 21, you may lose your license for one year.


If I Lose My License May I Obtain A Restricted License?

Yes. Your lawyer may obtain a Occupational Drivers License that will allow you to drive for twelve hours per day.


Will the Charge Be A Misdemeanor or Felony?

Possession Of Marijuana Penalties are based on the amount as follows: * 2 ounces or less: Class "B" Misdemeanor * 2 - 4 ounces: Class "A" Misdemeanor * 4 ounces - 5 pounds: State Jail Felony * 5 Pounds to fifty pounds: Third Degree Felony * 50 pounds to 2,000 pounds: Second Degree Felony * 2,000 pounds plus: First Degree Felony


What Is the Penalty For Selling Marijuana?

The penalty is more severe than for a simple possession. Selling more than one-forth ounce of marijuana is likely a felony charge.

Additional Resources

The Gilbert G. Garcia Law Firm

The National Organization for the Reform of Marijuana Laws (NORML)

State Bar of Texas

Texas Criminal Defense Lawyers Association

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