Attitudes surrounding marijuana have started to change. For many in this country, marijuana no longer has the reputation of being a dangerous substance as it once did in the past. As a result, many states have begun to loosen their approach to the prosecution of marijuana possession. While this is also true for some counties in Texas, the State as a whole has not yet taken those steps. Possessing marijuana remains a crime, although the potential penalties associated with a conviction vary dramatically, largely depending on the amount or the location of the arrest.

If you have been charged with possession, dedicated defense attorney Gary J. Barton is here to help. The team at Barton & Associates, Attorneys At Law, PLLC, understands how a conviction could negatively impact your life. We will help you fight the charges and secure the best possible outcome in your case.

What is considered marijuana?

Marijuana is defined as the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

What does the State need to prove?

The State has to prove your guilt beyond a reasonable doubt. This is a high burden of proof, and prosecutors are not always prepared to meet it.

Possession of Usable Amount

To secure a conviction, the prosecution must first show that you possessed a usable amount of marijuana. This is not defined anywhere by statute, but Texas courts have held that “usable amount” means there must be a sufficient amount to be applied to the use commonly made of marijuana, i.e. enough to roll into a cigarette or pipe to smoke. To prove possession, the State must prove that you exercised care, custody, control, or management of the marijuana. This can be proven through direct or circumstantial evidence. Merely being in proximity of marijuana is not enough to land a conviction.

Intentionally or Knowingly

Second, the state has to establish that you acted intentionally or knowingly. For example, evidence showing a person having access to large amounts of marijuana, or the person acting nervous when being questioned about it by law enforcement, could be used as evidence to support your guilt.

Constitutional Issues

One of the most popular defense strategies in these cases is based on a violation of your constitutional rights. The police do not have the freedom to search your home or stop your car without a good reason to do so. If they violate your rights, the evidence they collect at the time could be excluded from trial. That could include the drugs that form the basis for the state’s case.

Punishment

The punishment range for marijuana largely depends on the amount.

• 0-2 oz is a class B misdemeanor which carries
• 2-4 oz is a class A misdemeanor
• 5 lbs is a state jail felony
• 5-50 lbs is a third degree felony
• 50 – 2000 lbs is a second-degree felony
• 2000lbs or greater is first-degree felony

Punishment may also be enhanced if you are arrested in a “drug-free zone” such as a school or playground.

You Can Fight a Possession of Marijuana Charge

You do not have to face these charges on your own. The skilled team at Barton & Associates, Attorneys At Law, PLLC, is here to guide you every step of the way. To discuss your options, contact us as soon as possible to schedule an initial consultation with our firm.