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Marijuana Possession in Denton County - What you should know

Denton County marijuana possession is at least a misdemeanor criminal charge under Texas law. Though most minor marijuana possession cases can be dealt with effectively, more serious charges with larger quantities or intent to sell are extremely serious charges.

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And any time you are at risk of jail time, or even just a 6 month driver's license loss, it makes sense to consult with an attorney to explore all your legal defense options.

The legal definition of marijuana possession is defined by Texas Health and Safety Code. Marijuana is in its own category in the possession law and, for the purposes of marijuana possession, marijuana is defined as a usable quantity of any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.

Texas Marijuana Possession – Laws & Penalties

Marijuana Possession Laws




2 ounces or less

Class B misdemeanor

Not more than 180 days in a county jail and/or a fine of not more than $2,000

More than 2 ounces, but less than 4 ounces

Class A misdemeanor

Not more than 1 year in a county jail and/or a fine of not more than $4,000

More than 4 ounces, but less than 5 pounds

State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

More than 5 pounds, but less than 50 pounds

Third-degree felony

2 to 10 years in a state prison and/or a fine of not more than $10,000

More than 50 pounds, but less than 2,000

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

More than 2,000 pounds

Enhanced first-degree felony

5 to 99 years and a fine of not more than $50,000

You can also be sentenced to a suspended driver's license for up to six months following a conviction on any violation of the Texas Controlled Substances Act, including marijuana.

What Is the Most Likely Outcome for a Simple Marijuana Possession Charge in Texas?

If you are accused of a first offense of possessing less than 2 ounces of marijuana, it is likely you can work out a deal or even get your case dismissed in exchange for agreeing to drug treatment programs, or some community service. If you don't get in any additional trouble in a set amount of time, the case may be dismissed or continued indefinitely.

These programs are called diversion programs, and are meant to avoid harsh penalties for first offenders. Some Texas counties also have drug courts, where the court intervenes with intensive monitoring of drug use and other mandatory programs in exchange for dismissing the possession charge in the future.

If you feel you may have a marijuana addition problem, agreeing to drug treatment can be an excellent option as part of a plea agreement.

The goal in these cases is to avoid a permanent criminal record. We can discuss exactly what your options are, and what kind of deal we think we can get for you after hearing about your case and reviewing the evidence against you as part of our free consultation .

Free Case Evaluation on Texas Marijuana Possession Laws

Being called into criminal court on a drug charge can be a frightening and intimidating experience. But knowing you have an experienced defense attorney on your side, fighting for you, can make all the difference.

Please contact us today to find out what we can do for you.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County drug possession case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney.