loader image

Possession of Marijuana

Possession of Marijuana Attorney – Houston Criminal Defense Attorney

While there are many states that have legalized marijuana for either recreational or medicinal, here in Texas, the sale, manufacture, or possession of marijuana is still not currently legal in the State of Texas. If you have been charged with any kind of marijuana related offense, your future could be in jeopardy if you don’t seek the counsel of an experienced Possession of Marijuana Attorney.
At the Law Office of Henry K. Nguyen, P.C., our staff will treat your marijuana defense with the seriousness that it deserves. Our seasoned staff is dedicated to protecting you against all types of marijuana related offenses, including:

  • Possession of marijuana
  • Marijuana sale or distribution, trafficking, importation, or cultivation
  • Trafficking, importation, or cultivation of marijuana
  • Possession of illegal drug paraphernalia
  • Possession of marijuana in a drug free zone

Houston Marijuana Charges Lawyer

The punishments for possession of marijuana typically on the amount of marijuana found. These amounts range from less than 2 ounces to more than 2000 pounds. These levels can be found at the NORML website, an entity working to reform marijuana laws. The punishment for less than 2 ounces is a Class B misdemeanor, carrying a punishment of up to 180 days in the county jail and up to a $2,000 fine. The punishment for having more than 2000 lbs of marijuana is a First Degree Felony, carrying 5-99 years in the Texas Department of Corrections and up to a $10,000 fine. The State also has the ability to enhance offenses whether they occurred in a “Drug Free Zone”, whether it appeared the marijuana was intended for distribution, or if you have prior criminal history.

Texas prosecutors will often offer an agreement for a guilty plea with marijuana charges for first time offenders with small amounts of marijuana. This typically doesn’t carry any additional jail time, but perhaps a small fine. However, the accused cannot forget that a plea could result in a criminal drug conviction that will be on their record for the rest of their lives. In addition to a permanent criminal record, drug convictions will lead to a driver’s license suspension or a loss of financial aid to those in school. It may also lead to possible denial of federal benefits, governmental housing, or apartment leasing, and employment repercussions. Many people charged with possession of marijuana don’t understand how accepting a guilty plea may affect the rest of your life.

The Houston criminal defense attorneys at the Law Office of Henry K. Nguyen, P.C. will protect your future by looking at each circumstance of your detention and arrest in order to build a strong, customized defense for you. In the State of Texas, you must be in possession of a “usable quantity” of marijuana. This definition eliminates stems and ungerminated seeds amongst other things. In many of the smaller possession cases, there is not enough to be a “usable quantity” and we are able to get the case dismissed. Additionally, many borderline cases in regards to quantity, we are able to do a quantitative analysis of the marijuana and get the charge lowered due to the amount of marijuana being inaccurate.

Often, the police do not properly respect a person’s 4th Amendment protection against illegal searches and seizures. If this is the case, we can argue that any contraband that was found after an improper search was not admissible and the contraband would be suppressed, leading to charges being dropped. In some situations, we are able to negotiate a dismissal or reduction consisting of probation and treatment as opposed to incarceration. Sometimes, an arrest was a result of information provided by a confidential informant. The State may decide to dismiss the case rather than reveal the informant’s identity in some cases. Needless to say, there are many ways to fight Marijuana charges in the State of Texas.

​Facing Marijuana Charges? You need Houston Marijuana Lawyer

If you are facing any kind of marijuana charge in the Houston area, you should have a capable defense lawyer that is prepared to deal with the trained prosecutors who are determined to convict you. Contact the Law Office of Henry K. Nguyen, P.C. as soon as possible for a free consultation.