If you have been caught with marijuana in San Antonio, you are likely feeling overwhelmed and uncertain about what comes next. Texas has some of the strictest drug laws in the country, and the penalties for possession can be severe. This is where an experienced marijuana possession lawyer comes in.
An experience drug defense lawyer in San Antonio can help you navigate the legal system, challenge the charges against you, and work toward the best possible outcome for your case. Understanding your rights and the nuances of Texas marijuana laws is crucial to building a solid defense.
The Legality of Marijuana in Texas
Public opinion in Texas appears to be shifting, with more residents supporting the legalization of marijuana. Furthermore, there have been ongoing discussions and legislative efforts aimed at legalization.
Despite this, significant legal and political hurdles remain before marijuana can become legal in Texas. Until then, the possession, sale and use of marijuana, except for very limited medical uses, remain illegal under state law.
The Penalties for Marijuana Possession in San Antonio
In Texas, marijuana laws are strict and can have severe consequences. Under Texas Health and Safety Code § 481.121, offenses are classified based on the amount of marijuana in possession. For instance:
- Under 2 ounces: A Class B misdemeanor. If convicted, you could face up to 180 days in jail and a fine of up to $2,000.
- 2 to 4 ounces: A Class A misdemeanor, carrying potential penalties of up to 1 year in jail and fines reaching $4,000.
- Over 4 ounces: Possession of larger quantities can result in felony charges. The penalties range significantly, from 180 days to 2 years in state jail for possession of 4 ounces to 5 pounds (a state jail felony), escalating to more severe penalties for more significant amounts, including potential sentences of up to 99 years for extremely large quantities.
These penalties can have lasting impacts on your life, affecting your employment opportunities, housing, and personal relationships. Thus, it is essential to approach these charges with a solid legal defense.
Do First-Time Offenders Go to Jail for Possession in Texas?
For first-time offenders in Texas, the potential for jail time due to marijuana possession depends on various factors including the amount of marijuana and the specific circumstances of the case. While Texas law is strict on drug offenses, there are some alternatives to jail time for first-time offenders:
- Deferred Adjudication: This is a type of probation where the court defers a guilty plea. The charges may be dismissed if you successfully complete the probation period without any violations.
- Pretrial Diversion Programs: These programs typically involve counseling, education, and community service, and completion can result in the dismissal of the charges.
- Probation: Sometimes, first-time offenders may be sentenced to probation instead of jail time. Probation conditions usually include regular check-ins with a probation officer, drug testing, and community service.
- Fines and Community Service: For very small amounts of marijuana, the court might impose a fine and require community service instead of jail time.
It is essential to work with a knowledgeable marijuana possession lawyer in San Antonio who can advocate for these alternatives and help you avoid the most severe penalties.
Is It Illegal to Dab in Texas?
Yes, it is illegal to dab in Texas. Dabbing refers to the use of marijuana extracts or cannabis concentrates, which are known for their high THC content. Under Texas law, any marijuana extract or concentrate that contains more than 0.3% THC is classified as a felony.
According to Texas Health and Safety Code § 481.116, possession of THC concentrates can lead to severe penalties. For example:
- Less than one gram: A State jail felony, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000.
- One to four grams: A third-degree felony, resulting in 2 to 10 years in prison and a fine of up to $10,000.
- Four to 400 grams: A second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000.
- More than 400 grams: A first-degree felony, punishable by 5 to 99 years or life in prison and a fine of up to $50,000.
Given the severe consequences, it is crucial to understand the legal implications and seek professional legal assistance if you are facing charges related to THC concentrates.
How to Beat a Marijuana Possession Charge in San Antonio
Beating a marijuana possession charge in San Antonio requires a strategic approach and a thorough understanding of Texas drug laws. Here are some common defenses that a seasoned San Antonio criminal defense attorney might use:
- Unlawful Search and Seizure: The Fourth Amendment protects you from unreasonable searches and seizures. If the police conducted an illegal search or did not have probable cause, the evidence obtained against you might be inadmissible in court.
- Lack of Possession: To convict you of possession, the prosecution must prove that you had actual or constructive possession of the marijuana. Your attorney might argue that the marijuana did not belong to you or that you were unaware of its presence.
- Medical Necessity: Although Texas law is very restrictive about medical marijuana, there are specific conditions under which its use might be legally defensible. Your lawyer could argue that the marijuana was necessary for your medical condition.
- Mistaken Identity: In some cases, it might be possible to argue that the marijuana found did not belong to you and that you were mistakenly identified as the person in possession.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you were in possession of marijuana. Your lawyer can scrutinize the evidence for any inconsistencies or gaps that could weaken the prosecution’s case.
Navigating these defenses requires a knowledgeable and experienced marijuana possession lawyer in San Antonio who understands the intricacies of Texas drug laws and how to argue your case in court effectively.
Reach Out to Stephen T. Bowling, DWI & Criminal Defense Attorneys in San Antonio
Marijuana remains illegal in Texas for recreational use, and being caught in possession of marijuana in San Antonio can have severe consequences.
If you are charged with marijuana possession in San Antonio, it is crucial to have an experienced San Antonio marijuana possession lawyer by your side to navigate the legal complexities and protect your rights. Schedule a free consultation today.
