Possession of Marijuana

A significant number of arrests for illegal drugs in Texas relate to alleged possession of marijuana. Even though many other states have decriminalized or even legalized possession of cannabis, it remains against the law in the Lone Star State for any person to possess any amount of marijuana.

Depending on the amount allegedly involved, possession of cannabis offenses in Texas can result in misdemeanor or felony charges. Convictions can also have several long-term consequences that can impact a person’s ability to obtain employment, housing, or certain public benefits.

Lawyer for Marijuana Possession Arrests in Denton, TX

Were you recently arrested in the greater Denton County area for alleged possession of marijuana? Do not say anything to authorities without legal representation. Contact Law Offices of Richard C. McConathy as soon as possible.

Denton criminal defense attorneys Richard McConathy and Brian Bolton represent individuals charged with marijuana crimes in communities all over Denton County, including Flower Mound, Highland Village, Lewisville, Little Elm, The Colony, Argyle, and many others. Call 940-222-8004 today to have our lawyers provide a complete evaluation of your case during a free, confidential consultation.


Denton County Possession of Marijuana Information Center


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Marijuana Possession Charges in Texas

People can be charged with possession of marijuana (referred to in state law as “marihuana”) under Texas Health and Safety Code § 481.121 if they knowingly or intentionally possess a usable quantity of marijuana. Cannabis possession crimes are classified as follows according to the amount that was allegedly possessed:

  • 2 ounces or less — Class B misdemeanor;
  • 4 ounces or less but more than 2 ounces — Class A misdemeanor;
  • 5 pounds or less but more than 4 ounces — State jail felony;
  • 50 pounds or less but more than 5 pounds — Third-degree felony;
  • 2,000 pounds or less but more than 50 pounds — Second-degree felony; and
  • More than 2,000 pounds — Enhanced first-degree felony.

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Possession of Marijuana Penalties in Denton County

The possible sentences alleged offenders can receive if convicted of marijuana possession crimes depend on the grades of their alleged crimes. Maximum sentences for possession of cannabis offenses are generally as follows:

  • Class B Misdemeanor — Up to 180 days in jail and/or a fine of up to $2,000;
  • Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000;
  • State Jail Felony — Up to two years in state jail and/or a fine of up to $10,000;
  • Third Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000;
  • Second Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000; and
  • First Degree Felony — Minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000.

Under Texas Transportation Code § 521.372, alleged offenders convicted of any offense under the Controlled Substances Act (such as possession of marijuana) will also have their driver’s licenses suspended for 180 days and be required to complete a 15-hour class in an authorized Drug Education Program.


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Texas Marijuana Possession Resources

National Organization for the Reform of Marijuana Laws (NORML) at University of North Texas (UNT) — NORML is a nonprofit organization advocating for marijuana decriminalization and legalization, and the UNT NORML chapter is one of more than a dozen regional chapters within Texas. UNT is a public institution of higher education in Denton and you can find various contact information relating to the chapter on this website. You can also visit the Denton NORML Facebook page.

“WHOA!!” Texas Sheriffs Say “NO” to Marijuana — View the full text of a report from the Sheriff’s Association of Texas that argues against marijuana legalization in Texas. The report touches on a broad range of topics, including increases in marijuana use, risks to children, and the use of cannabis for medical purposes. It also incorporates data from the Rocky Mountain High Intensity Drug Trafficking Area (HIDTA) showing the growth in marijuana use among youths between the time medical marijuana was legalized and recreational marijuana was legalized in Colorado.


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Law Offices of Richard C. McConathy | Denton Possession of Marijuana Defense Attorney

If you were arrested for allegedly possessing marijuana anywhere in Denton County, it will be in your best interest to immediately retain legal counsel. Law Offices of Richard C. McConathy aggressively defends clients in The Colony, Little Elm, Lewisville, Highland Village, Flower Mound, Argyle, and many surrounding areas of Denton County.

Richard McConathy and Brian Bolton are experienced criminal defense lawyers in Denton who can fight to possibly get your criminal charges reduced or dismissed. They can review your case and help you understand all of your legal options when you call 940-222-8004 or fill out an online contact form to schedule a free initial consultation.


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A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

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