The Zendeh Del Law Firm, PLLC Articles The Facts: Texas Marijuana Laws

The Facts: Texas Marijuana Laws

By Zendeh Del Law Firm  Feb. 20, 2011 10:15a

According to the latest report released by the Federal Drug Enforcement Agency - DEA - Texas produces almost 70,000 pounds of marijuana every year. The retail value of this staggering harvest has been estimated at anywhere from 300 million to 500 million dollars of revenue annually. Consequently, almost five percent of all arrests in Texas are marijuana related. With so much drug crime, Texas laws pertaining to  possession and distribution of marijuana are strict.

Penalties for Marijuana Related Crimes

As with most states, Texas follows the Federal government's example by dividing marijuana offenses into two groups, differentiated by intent. Individuals who are judged merely to intend consumption of the offending substance are charged with possession, which entails relatively fewer penalties. Those whom it is believed intend to sell the drug, however, face much more severe punishment. One does not need to be caught actively attempting to distribute in order to be judged guilty of the latter crime; intent is generally determined by the amount of marijuana, as well as possession of various paraphernalia such as measuring equipment associated with distribution.

In both cases of personal use and intent to sell, penalties are meted out depending on the amount found. For the lesser crime of possession, penalties are as follows:

  • For up to 2 oz, a maximum of 6 months in jail and up to $2,000 in fines
  • For up to 4 oz, a maximum of 1 year in jail and fines of $4,000
  • For up to 5 pounds, a maximum of 2 years in jail and a fine of $10,000
  • For 50 pounds or more, penalties can increase up to life in jail, and as much as $50,000 in fines

For those charged with intent to distribute marijuana, the penalties are:

  • Selling as little as ¼ oz or less, a max of 1 year in jail and a $4,000 fine
  • Up to 5 lbs, a maximum of 2 years and $10,000
  • Up to 50 lbs, 2-20 years and a fine of $10,000
  • Selling any amount to a child entails between 5 and 99 years in jail and $10,000

Your Best Defense

Though the penalties facing defendants charged with marijuana possession are severe, an experienced criminal defense attorney can help. Don't be intimidated! The Zendeh Del Law Firm is a leader in drug crime defense, having helped many clients get their charged reduced or dismissed.

Contact a Plano Drug Crime Attorney  and receive a free consultation!

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