Can I get arrested for Marijuana in Austin?

Have you ever wondered if having weed can result in criminal charges for drugs in Austin? With marijuana laws changing all over the United States, possession offenses can be confusing. In Austin, and all of Texas, marijuana is still illegal. However, charges for possession can vary for many reasons. This article answers the question, “Can I get arrested for having weed in Austin?”

If I Have Weed, Can I Get Arrested for Drug Charges?

The short answer is yes, if you are caught with any amount of marijuana, you can face a marijuana possession charge. This charge is commonly referred to as a “Possession of Marijuana” charge, aka, “POM”. However, hemp possession is legal. Marijuana is classified as having higher than 0.3% THC content, whereas hemp has less. If you are pulled over in Austin with marijuana, a couple of things might happen, depending on how much weed you have. You might face arrest for possession, intent to distribute, received a citation to appear in court, or just be released. Keep in mind there is no way to know so it’s best to be safe and not have marijuana in your possession in Austin. However, if you are caught with marijuana in Austin the courts are lenient on punishment and cases for small amounts are typically dismissed.

Cite and Release Policy in Austin, Texas

Recently, the Austin city council pushed to regularize “cite and release” policies for “low-level offender” possession of marijuana charges. Possessing small amounts of marijuana is a low-level misdemeanor. If an officer is abiding by the cite and release policy, they will confiscate your marijuana and write you a citation to show up in court later. However, this is primarily Austin Police Department. If you are being investigated by the Travis County Sheriff’s Office or a Texas State Trooper you’re likely to be arrested and left to the courts to decide the punishment. Although the courts are lenient on possession charges for small amounts, the hassle and stress of dealing with a POM arrest isn’t worth it.

Marijuana-Related Criminal Charges for Drugs

You might be wondering, what are the exact differences in criminal charges for drugs? Even having less than two ounces of marijuana in possession is technically a drug charge. This possession results in a class B misdemeanor charge, county jail time, and a fine up to $2000. Possession of 2-4 ounces of marijuana is a class A misdemeanor. This charge involves more jail time and a higher fine. Possession of 4 ounces to 5 pounds of marijuana is a state felony. Possession of 5-2,000 pounds of marijuana is a second degree felony. The amount of drugs found on the person determines the severity of the charge. Finally, any person with over 2,000 pounds of marijuana can potentially receive a life sentence in prison and a fine of up to $50,000 for a first degree felony.

Punishments for Marijuana Possession in Texas:

Less than 2 ounces: Class B Misdemeanor (up to 180 days in jail and a fine not to exceed $2,000)
2-4 ounces: Class A Misdemeanor (up to 1 year in jail and a fine not to exceed $4,000)
4 ounces to 5 pounds: State Jail Felony (mandatory minimum sentence of 180 days in jail with a maximum of 2 years in jail, and a fine not to exceed $10,000)
5 pounds to 50 pounds: Third Degree Felony (mandatory minimum sentence of no less than 2 years with a maximum of 10 years in jail, and a fine not to exceed $10,000)
50 to 2,000 pounds: Second Degree Felony (mandatory minimum sentence of 2 years with a maximum of 20 years in jail, and a fine not to exceed $10,000)
2,000 pounds and up: First Degree Felony (life in jail, or for any term of not more than 99 years or less than 5 years)

Contact Us If You’re Facing Criminal Charges for Drugs

If you need help with an Austin criminal charges for drugs the experienced drug lawyers at Stephen T Bowling, DWI & Criminal Defense Attorneys is here to help. Likewise, if you’re in need of a drug lawyer in San Antonio we are here to help. Whether your arrest was for a first-time marijuana possession or other criminal charge for drugs, we can help. If you are interested in a free consultation, you can request one on our website or by calling your local office.