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Don't get caught with marijuana in Texas

Federal laws still classify marijuana as a Schedule I drug. It is an illegal substance without any recognized benefits. States across the country have started to decriminalize the drug, which means that criminal penalties don't apply to certain marijuana charges on a state level.

Texas isn't a state that has begun to decriminalize this drug. Instead, there are still very harsh penalties for all charges related to marijuana.

Selling marijuana

For the sale of marijuana, you are facing either a misdemeanor or a felony, depending on the amount of the drug involved, as well as what type of remuneration you received. When there isn't any remuneration and there is less than .25 ounce, you are facing a Class B misdemeanor, but if there is remuneration, you are facing a Class A misdemeanor.

Regardless of whether you receive remuneration, any charges related to .25 ounce to five pounds are associated with a state jail felony. From five pounds to 50 pounds, it is a second-degree felony. Fifty to 2,000 pounds is a first-degree felony. Anything over 2,000 pounds comes with the possibility of life in prison with a five-year mandatory minimum prison sentence.

Possession of marijuana

Even possession of marijuana is a serious matter here. Under two ounces is a Class B misdemeanor and two to four ounces is a Class A misdemeanor. Anything more than four ounces is a felony charge. Four ounces to five pounds is a state jail felony, five to 50 pounds is a third-degree felony, and 50 to 2,000 pounds is a second-degree felony. You are facing five to 99 years or life if you have a possession charge involving more than 2,000 pounds.

Sentencing guidelines

There are enhancements possible for some drug charges. For example, giving more than .25 ounce of marijuana to a person who is under 17 and enrolled in school is a second-degree felony. People who are selling marijuana in a school zone face double penalties.

Some cases involving marijuana in Texas are eligible for drug diversion programs if the court with jurisdiction over the case has them. These programs facilitate help for an individual struggling with addiction while being monitored by the court system. There are specific requirements and conditions that must be met for people who are interested in this program.

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Keith Gore, Lawyer
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McKinney, TX 75071

Phone: 972-924-5665
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