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What Happens If I’m Caught With Less Than Two Ounces of Marijuana?

By Jeffrey A. Hines

The state of Texas is home of some of the most strict marijuana laws in the country. Even possession of less than two ounces of marijuana often results in an arrest. This process alone is lengthy, expensive and unpleasant. Once you are fully processed, you must wait in jail until a judge sets your bail for release. Bail is never cheap, and assuming you are able to obtain the money, it can take quite some time before you are discharged. With your photo now on the county jail’s records and an official criminal record of your own, reality can become extremely overwhelming, shocking and disheartening, particularly to the many first time offenders who have no prior criminal history.

What Are Texas’s Marijuana Laws?

Although many who are arrested for possession of marijuana are first-time offenders, perhaps college students or full-time employees, the truth is that marijuana is indeed illegal in the state of Texas. Therefore, these citizens have broken the state’s law. While there are currently many debates within our state about the future of marijuana laws, possession of two ounces of marijuana or less is currently a class B misdemeanor.  Penalties for this misdemeanor can result in up to 180 days (six months) in jail, as well as a $2000 fine. Additionally, possession of paraphernalia is considered a class C misdemeanor, punishable by a fine of up to $500.

What to Expect After Being Caught

There are quite a few potential outcomes after being caught with marijuana—no matter how small the amount. First time offenders who are caught with less than two ounces may be able to avoid a permanent record through a diversion program or drug court. Diversion programs essentially give the defendant the chance to prove he or she is capable of responsibility through counseling and probation, with high expectations for the defendant throughout the program. By doing this, the state rewards the defendant by dismissing the charges. This is a best-case scenario that requires the skill of an experienced criminal defense attorney.

Contact HBWV When Facing Possession Charges

If you are accused of marijuana possession, even if it was less than two ounces, contact our experienced marijuana lawyers for counsel and representation. We are ready and able to protect your rights and defend your freedom. Call us at (940) 387-3518, or contact us here to set up a consultation regarding our marijuana possession services. Don’t let a small misdemeanor offense impact the rest of your life.

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