Caught With Marijuana?

Although many of us agree that marijuana should be legal, possession of marijuana is still a criminal offense in Texas. More importantly, marijuana possession is not “just a ticket” either. Unless Texas marijuana laws change, you will be arrested and charged if you are caught with marijuana in your possession. In fact, marijuana charges have significant consequences on many aspects of every-day life. However, in many cases, it is possible for a skilled criminal defense attorney to negotiate a better deal or even have the charges dropped. As a result, we strongly advise you think twice before taking back-time or time served for drug charges.

No, it is still illegal to possess marijuana in Texas, including the City of Dallas. The Dallas Cite and Release program is not decriminalization of marijuana. Possession of marijuana under 2 ounces is still a class B misdemeanor. The summons you would receive if you are caught with marijuana is not just a ticket, but it is your official notice of when and where you are supposed to appear in court for the charge.

If you’re caught with 2 ounces or less of marijuana in the City of Dallas and haven’t committed any other crimes or have pending arrest warrants then you won’t be going to jail. Instead of arresting you, impounding your car, and taking you to jail to await trial (unless you can make bail), the police will now give you a summons for when you must appear in court to answer for the possession of marijuana charge. This program has been talked about for years but just started December 1, 2017.

If you have been arrested for marijuana possession, it is crucial to hire an experienced criminal lawyer before making any important decisions regarding your case. Call Haddad Law Firm today to speak with a criminal defense attorney about your case or complete our online form to schedule a free consultation. Haddad Law Firm is experienced in defending possession of marijuana charges.

Was There A Valid Stop?

An officer must have a legal reason for initiating contact.

Stay Calm & Be Polite

Just because an officer stops you doesn’t mean you committed a crime. Ask the officer if you are free to leave.

Was The Search Legal?

You have the right to refuse an officer's request to search.

Don't Get Tricked!

Without consent, police officers must have a proper legal basis to search a person, vehicle or house.

Was Arrest Legitimate?

An officer must have probable cause to make an arrest.

Remain Silent

What you don’t say can’t hurt you.

Don’t Plead Guilty

At Haddad Law Firm, we understand the effects a drug conviction can have on your life. That’s why our criminal defense lawyers are dedicated to protecting your rights against such significant charges. Remember, pleading guilty to any criminal offense results in a conviction, which is permanent and can never be removed from your record.

Pleading guilty to an offense for marijuana possession can result in:

  • Suspension of driver’s license or privileges
  • Deportation / Exclusion from U.S.
  • Housing Restrictions
  • Termination of Employment
  • Denial of Certain College Programs
  • Exclusion from Professional Occupations

What Are My Options?

Just because you may have been caught with marijuana in your possession does not mean that you have to plead guilty to a possession of marijuana charge. There are many ways to avoid a conviction for marijuana possession or even have the case dismissed.

For example, the following is a list of possible ways a marijuana possession case may be dismissed:

  • Pretrial Diversion Programs
  • Conditional Dismissal
  • Class C Reduction
  • Plea and Bar
  • Set the Case for Trial
  • An Acquittal

Possession of Marijuana Offenses

Overall, possession is one of the most misunderstood terms related to criminal offenses. Generally speaking, possession means actual care, custody, control of an illegal substance. Unfortunately, the term is used very broadly for drug related offenses. In other words, it is not very difficult for an officer to arrest someone for drugs.

Section 481.121 of the Texas Controlled Substances Act sets forth the offense of possession of marijuana. A person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. An offense under Section 481.121(a) is classified according to the weight of marijuana in your possession:

Quantity/Weight of Drugs Offense Level Punishment Range
Two ounces (2oz) or less Class B Misdemeanor 180 days jail, fine<$2,000
Less than 4oz, more than 2oz Class A Misdemeanor 1yr jail, fine<$4,000
More than 4oz, less than 5lbs State Jail Felony 180days-2yrs State Jail, fine<$10,000
More than 5lbs, less than 50lbs 3rd Degree Felony 2-10yrs prison, fine<$10,000
More than 50lbs, less than 2,000lbs 2nd Degree Felony 2-20yrs prison, fine<$10,000
More than 2,000lbs Min. 5-99yrs prison, fine<$50,000
In Texas, a person commits the offense of delivery of marijuana if the person knowingly or intentionally delivers marijuana. An offense under Section 481.120(a) is classified as follows:

Amount of Marijuana Delivered Offense Level Punishment Range
1/4 ounce or less + no $ received Class B Misdemeanor 180 days jail, fine<$2,000
1/4 ounce or less + $ received Class A Misdemeanor 1yr jail, fine<$4,000
More than 1/4oz, less than 5lbs State Jail Felony 180days-2yrs State Jail, fine<$10,000
More than 5lbs, less than 50lbs 2nd Degree Felony 2-10yrs prison, fine<$10,000
More than 50lbs, less than 2,000lbs 1st Degree Felony 5-99yrs prison, fine<$10,000
More than 2,000lbs Min. 10-99yrs prison, fine<$100,000

Additionally, under Section 481.122 a person commits an offense of delivery of marijuana to a child if the person knowingly delivers marijuana to a person:

  1. who is a child;
  2. who is enrolled in a public or private primary or secondary school; or
  3. who the person knows or believes intends to deliver the marijuana to a person described in (1) or (2).

It is an affirmative defense to prosecution under this section that:

  1. the person was a child when the offense was committed; or
  2. the person (i) was younger than 21 years of age when the offense was committed; (ii) delivered only marijuana in an amount equal to or less than 1/4 ounce; and (iii) did not receive money for the delivery.

An offense under Section 481.122 is classified as follows:

Amount of Marijuana Delivered Offense Level Punishment Range
Any amount of marijuana delivered. 2nd Degree Felony 2-10yrs prison, fine<$10,000

It may come as a surprise to many but it is illegal to possess items related to drug use even if you don’t actually have any drugs on you. Drug paraphernalia can be any item that can be used in connection with illegal drugs. As a result, ordinary household items  such as spoons and sifters can be illegal to possess depending on the circumstances. Other types of paraphernalia include pipes, scales, baggies, syringes and drug testing kits. In Texas, possession of drug paraphernalia is a Class C Misdemeanor, the equivalent of a traffic ticket.

Drug trafficking is the act of transporting any controlled substance into Texas illegally with the intent to either distribute or possess it. In general, drug smuggling involves crossing state lines. Accordingly, drug smuggling is a federal crime. As a result, drug smuggling charges follow federal sentencing guidelines.

Overall, possession is one of the most misunderstood terms related to criminal offenses. Generally speaking, possession means actual care, custody, control of an illegal substance. Unfortunately, the term is used very broadly for drug related offenses. In other words, it is not very difficult for an officer to arrest someone for drugs.

Section 481.121 of the Texas Controlled Substances Act sets forth the offense of possession of marijuana. A person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. An offense under Section 481.121(a) is classified according to the weight of marijuana in your possession:

Weight Lvl Punishment
<2oz MB 180d <$2k
2oz<4oz MA 1yr <$4k
4oz<5lbs SJF 180d-2yrs<$10k
5lbs<50lbs F3 2-10yrs <$10k
50lbs<2klb F2 2-20yrs <$10k
2,000lbs + 5-99yrs <$50k

In Texas, a person commits the offense of delivery of marijuana if the person knowingly or intentionally delivers marijuana. An offense under Section 481.120(a) is classified as follows:

Amt MJ Del Lvl Punishment
<1/4oz no $recd MB 180d <$2k
<1/4oz + $recd MA 1yr <$4k
1/4oz<5lbs SJ 180d-2yrs<$10k
5lbs<50lbs F2 2-10yrs<$10k
50lbs<2klbs F1 5-99yrs<$10k
2,000lbs + 10-99yrs<$100k

Additionally, under Section 481.122 a person commits an offense of delivery of marijuana to a child if the person knowingly delivers marijuana to a person:

  1. who is a child;
  2. who is enrolled in a public or private primary or secondary school; or
  3. who the person knows or believes intends to deliver the marijuana to a person described in (1) or (2).

It is an affirmative defense to prosecution under this section that:

  1. the person was a child when the offense was committed; or
  2. the person (i) was younger than 21 years of age when the offense was committed; (ii) delivered only marijuana in an amount equal to or less than 1/4 ounce; and (iii) did not receive money for the delivery.

An offense under Section 481.122 is classified as follows:

Amt MJ Del Lvl Punishment
Any amount F2 2-10yrs<$10k

It may come as a surprise to many but it is illegal to possess items related to drug use even if you don’t actually have any drugs on you. Drug paraphernalia can be any item that can be used in connection with illegal drugs. As a result, ordinary household items such as spoons and sifters can be illegal to possess depending on the circumstances. Other types of paraphernalia include pipes, scales, baggies, syringes and drug testing kits. In Texas, possession of drug paraphernalia is a Class C Misdemeanor, the equivalent of a traffic ticket.

Drug trafficking is the act of transporting any controlled substance into Texas illegally with the intent to either distribute or possess it. In general, drug smuggling involves crossing state lines. Accordingly, drug smuggling is a federal crime. As a result, drug smuggling charges follow federal sentencing guidelines.

What Client’s Say

Mr. Haddad is a very professional and reliable attorney. He was always quick to my texts/calls whenever I had a question regarding the case. He is very straightforward and honest and will keep you updated with important court dates. I would highly recommend Mr. Haddad.

Rating: ★★★★★
Paul W., Client
He was a court appointed attorney, but man he sure didn’t work as if he was one to me. He is genuinely a good guy inside and out that works hard for you and your case to provide the best outcome. I am more then grateful for him and his services! Two thumbs all the way up!

Rating: ★★★★★
Roberto L., Client
Mr. Haddad Law Firm was sufficient and prompt in handling our case along with answering any concerns we had. We would definitely work with this team again.

Rating: ★★★★★
Perry W., Client

Why Choose Our Firm

At Haddad Law Firm, we understand that facing criminal charges can be stressful and overwhelming. More importantly, we recognize that every case is unique and affects different people in different ways. That’s why we take our job of defending clients against criminal charges very seriously. After all, if your case isn’t the same as everyone elses, why should your lawyer be?

  • We provide honest, effective legal representation at affordable prices.
  • Our attorney and staff are experienced in defending criminal offenses.
  • Let us worry about your case, so you don’t have to!
  • Communicate with your lawyer directly about your circumstances.
  • We keep our clients fully informed about their case progress and updates.
  • If we can’t help you, we will do our best to help you find someone who can.