IS MARIJUANA POSSESSION A FELONY IN TEXAS?
People may have many fears when they are accused of marijuana possession here in Texas. For one, they may fear that they will face a felony charge.
Are charges of marijuana possession always at the felony level here in Texas? The answer is no. They are sometimes felony charges and they are sometimes misdemeanor charges. Generally, the main deciding factor on this front is how much marijuana a person is accused of having possessed.
Under state law, possession of less than four ounces of marijuana is generally a misdemeanor, while possession of over four ounces is generally a felony.
How much marijuana was allegedly possessed also impacts how severe of a misdemeanor or felony charge a suspect would be facing. When it comes to marijuana possession, there are two main misdemeanor classes and four main felony classes charges can fall under. Drug amount is the main determiner of which class applies to a given situation.
Given this, the possible penalties for marijuana possession vary considerably. Possession of less than two ounces of the drug is punishable by a jail sentence of up to 180 days and a fine of no more than $2,000. On the other side of the spectrum, for possession of more than 2000 pounds, the maximum prison sentence is life (with the minimum being 5 years) and the maximum fine is $50,000.
So, while all marijuana possession charges carry serious potential consequences, just how severe these consequences can be depends on the specifics of the allegations. This underscores that every possession case is unique and raises its own particular issues and concerns. This is among the reasons why having a well-tailored defense strategy is so important when facing marijuana possession allegations in the state.