An Experienced Defense Team Protects Your Rights and Reputation
Many states have legalized marijuana for medicinal or recreational use. Texas is not one of them. In fact, Texas has one of the strictest drug enforcement policies in the country.
You could be fined thousands of dollars and face up to 1 year in jail for possessing a single joint or any kind of drug paraphernalia. Other offenses like selling, distribution, or possession of plants can severely increase the penalties against you.
Austin Hagee Law Firm, PLLC, is dedicated to defending individuals in San Antonio who are arrested for marijuana crimes. Whether police arrest you for selling or possessing, we will help you fight back.
When you seek our counsel, you work directly with us — a team of former prosecutors who are focused on safeguarding your future and freedom.
We frequently represent clients in Texas accused of marijuana offenses, including:
- Possession of marijuana
- Possession of marijuana paraphernalia
- Intent to distribute
- Delivery of marijuana or other drugs
- Sales, cultivation, and trafficking
Penalties for Marijuana Possession in Texas
While many states have eased marijuana restrictions, Texas still embraces draconian drug laws. For mere possession of marijuana, you could face between 180 days in jail and 99 years in prison, depending on the amount you are alleged to possess:
- 2 oz or less — Possession of 2 oz of marijuana or less is a misdemeanor offense punishable by up to180 days and $2,000 in fines.
- 2-4 oz — Also a misdemeanor, possession of 2-4 oz carries up to 1 year in jail and $4,000 in fines.
- 4 oz to 5 lbs — Possessing 4 oz of marijuana or more is a felony offense. If convicted, you face between 180* days and 2 years of incarceration and up to $10,000 in fines.
- 5-50 lbs — You face between 2* and 10 years imprisonment and up to $10,000 in fines for possessing 5-50 lbs of marijuana.
- 50-2000 lbs — For possessing 50-2000 lbs of marijuana, the prison sentence increases to 2* to 20 years in prison.
- More than 2000 lbs — Anyone convicted of possessing more than 2,000 lbs of marijuana in Texas faces between 5* and 99 years in prison and up to $50,000 in fines.
*Indicates a mandatory minimum sentence
If you are arrested for marijuana possession in San Antonio, seek experienced defense counsel immediately. A skilled attorney can move swiftly to protect your rights.
What is a State Jail Felony?
Like the rest of the country, Texas classifies crimes as misdemeanors or felonies. However, the Lone Star state is unique in that it also has a “state jail felony,” which is intended to penalize anyone found in possession of between 1 and 5 pounds of marijuana with a minimum of 180 days in jail and a felony charge on their records.
How a San Antonio Marijuana possession Attorney Can Help Your Case
To prosecute you for marijuana possession, the state must prove that you knowingly or intentionally possessed a quantity of marijuana and that marijuana was illegal and usable.
While you may be nervous about the charges against you, a knowledgeable attorney can help you build a defense to have those charges reduced or dismissed.
Possible marijuana possession defense strategies include:
- Miranda rights violated — Law enforcement officers are not “cowboys” — they must follow proper protocol. This includes ensuring that you understand and are aware of your Miranda rights. If you can prove that you were not read your rights, the case against you may be dropped.
- Not yours — Another tactic is to show that the drugs in question were not yours. Maybe you were taking a ride with a friend that had other people in the vehicle at the time of the stop or shortly before you were in the vehicle. If you can establish reasonable doubt that the drugs were yours, you may be able to fight the charges.
- Police misconduct/planted evidence — While not common, sometimes police misconduct is to blame. If you believe you are the victim of planted evidence or police abuse, seek counsel immediately.
- Not real marijuana — There are many fake marijuana products that look and smell like cannabis but are in fact legal and not psychoactive.
- 4th Amendment — The 4th Amendment of the constitution protects citizens for unreasonable searches and seizures by the government. Any evidence they obtain may be thrown out if you can prove that law enforcement performed an unreasonable search. This is also known as “fruit of the poisonous tree” in the legal world.
No two marijuana possession cases are the same. After assessing the strength and facts of your case, our attorneys can help you devise a solid defense strategy.
Contact an Aggressive San Antonio Marijuana Possession Attorney
While many states are loosening marijuana restrictions, Texas remains inflexible. If you are arrested for marijuana possession in San Antonio or South Texas, don’t let the prosecution make an example out of you. At Austin Hagee Law Firm, PLLC, we are former prosecutors, and we know the play book being used against you.
Whether you face charges for selling marijuana, possessing a single joint, or driving while intoxicated, we are ready protect your rights and freedom.