Although the substance is legal in many states around the country, Texas maintains some of the strictest laws regarding marijuana, and penalties can be especially severe for repeat offenders. If you or someone you know has been charged with marijuana possession multiple times in Texas, you may face escalating legal consequences, including more extensive fines and jail time.
As the criminal justice landscape continues to evolve, it’s important to have knowledgeable legal representation. Contact Guzman Law Firm if you’re facing marijuana charges and need experienced legal support to guide you through your case. Call us at (956) 516-7198 for a consultation.
What is a repeat offender in Texas?
In Texas, a “repeat offender” is someone previously convicted of the same type of criminal offense and is subsequently charged again with a similar or related crime. Repeat offenders face heightened scrutiny in Texas courts and generally more severe penalties.
For marijuana-related offenses, this means a second or subsequent drug charge can result in harsher consequences than a first-time offense. Each conviction builds on the last, which the Texas legal system uses as a foundation for stiffer punishments in the hope of deterring repeat criminal behavior.
Being a repeat offender for marijuana in Texas can lead to significant legal challenges. Those with prior convictions, even for minor possession, may see enhanced penalties with each subsequent charge. Depending on the amount of marijuana found in possession, charges can elevate from a misdemeanor to a felony, carrying harsher implications for fines, jail time, and long-term repercussions on a person’s criminal record.
A brief overview of Texas marijuana laws
Marijuana possession and use are illegal in Texas, except for a limited range of medical conditions approved by the Texas Compassionate Use Program. Unlike states with decriminalization policies, Texas maintains strict laws on marijuana possession, even in small amounts. Anyone found with marijuana, regardless of quantity, risks facing criminal charges.
Additionally, possession of any amount of THC concentrates, such as edibles or vape oils, is automatically treated as a felony in Texas, due to its higher concentration compared to the marijuana flower.
Is Texas a “no tolerance” state for marijuana?
Yes, Texas operates as a “no tolerance” state for marijuana possession and usage outside of the limited medical program. This means that even possession of small amounts can lead to legal action, including charges and penalties.
While there has been some local reform in cities like Houston and San Antonio, where minor possession cases may be issued citations rather than jail time, these policies vary by jurisdiction. Laredo, for example, generally enforces stricter measures without decriminalization policies.
In short, Texas law does not take a lenient approach to marijuana possession, making it essential for anyone caught with marijuana to understand the risks and consequences.
The “possession of marijuana” Texas Penal Code
Unlike some states where marijuana is decriminalized or legalized for recreational use, Texas law enforces strict punishments, even for small amounts of possession. The Penal Code categorizes marijuana as a “controlled substance” under its Controlled Substances Act, making possession, sale, and cultivation of marijuana illegal.
How much marijuana is a felony in Texas? Under Section 481.121, possession of marijuana is classified by quantity, ranging from a Class B misdemeanor for amounts under 2 ounces to a first-degree felony for amounts over 2,000 pounds. The penalties for each level escalate based on prior convictions and the presence of aggravating factors, such as possession near a school zone or perceived intent to distribute the drugs possessed.
As outlined in the table below, the Penal Code also authorizes enhancements for repeat offenders. This means that subsequent offenses for similar marijuana-related crimes can lead to upgraded charges and longer sentences under the “habitual offender” rule, further increasing the stakes for individuals with multiple offenses.
What is the maximum punishment for possession of marijuana in Texas?
As mentioned above, penalties for marijuana possession in Texas vary depending on the quantity in possession, with repeat offenders facing more severe punishments:
| Possession Amount | Offense Level (1st Offense) | Jail Time | Fine | Repeat Offender Consequences |
| Less than 2 oz | Class B misdemeanor | Up to 180 days | Up to $2,000 | Minimum 30 days in jail |
| 2 oz – 4 oz | Class A misdemeanor | Up to 1 year | Up to $4,000 | Minimum 90 days in jail |
| 4 oz – 5 lbs | State jail felony | 180 days to 2 years | Up to $10,000 | A third state jail felony is punished as a third-degree felony |
| 5 lbs – 50 lbs | Third-degree felony | 2 to 10 years | Up to $10,000 | A second felony (third-degree or higher) is punished as a second-degree felony |
| 50 lbs – 2,000 lbs | Second-degree felony | 2 to 20 years | Up to $10,000 | A second felony (second-degree or higher) is punished as a first-degree felony |
| More than 2,000 lbs | First-degree felony | 5 to 99 years or life | Up to $50,000 | A second felony (first-degree or higher) will result in minimum prison sentences of 15 years and the possibility of a life sentence. |
How to fight a possession charge in Texas
If you’re facing a marijuana possession charge in Texas, particularly as a repeat offender, it’s critical to have a sound legal strategy. A defense attorney can explore multiple avenues to potentially reduce or dismiss charges including:
- Challenging the legality of the search and seizure: A key defense strategy is to assess whether the search that led to the discovery of marijuana was lawful. If law enforcement conducted illegal search and seizure without probable cause, the court could exclude the evidence from trial, possibly leading to dismissal.
- Questioning the amount found: The weight of marijuana plays a significant role in the severity of the charge. An attorney might investigate whether law enforcement accurately measured the amount, which could lead to a lesser charge if the amount was overestimated.
- Medical necessity defense: Although limited, Texas permits medical marijuana for certain conditions under the Compassionate Use Program. If you qualify under this program, an attorney might leverage this in your defense.
- Negotiating for lesser charges or alternative sentencing: Attorneys may also work with the prosecution to reduce charges, especially if the client has already demonstrated a willingness to attend treatment programs or counseling.
- Challenging the evidence’s chain of custody: If evidence was not properly handled, it may be excluded in court, weakening the prosecution’s case.
Hiring a knowledgeable criminal defense attorney to develop an effective defense strategy is essential for anyone facing possession charges, especially repeat offenders who risk facing elevated penalties.
Facing repeat marijuana charges in Texas? Call Guzman Law Firm to handle your case.
Marijuana laws in Texas are some of the most severe in the country, and repeat offenders can expect to face even harsher consequences. If you’ve been charged with marijuana possession, particularly if this is a second or subsequent offense, it’s vital to have strong legal representation.
Guzman Law Firm is dedicated to defending individuals facing marijuana charges in Laredo or San Antonio drug crimes. We understand the nuances of Texas marijuana laws and are committed to protecting your rights, providing a comprehensive defense strategy, and helping you navigate the legal system.
Don’t let a marijuana charge define your future — contact Guzman Law Firm today to discuss your case and understand your options.
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