Austin Jail Release Lawyer
Texas Law and Possession of Marijuana
The recreational use of marijuana is illegal in every US state. Some states make exceptions for medical uses of this drug, such as relief of pain or nausea, but Texas is not one of them. Being charged with possession or sale of marijuana in Texas can have serious repercussions.
Possession as a First Time Offense
As with all other crimes, your sentence and bail amount will depend on the severity of your crime and your prior criminal history. If you are arrested for possession of marijuana and it is your first criminal offense, your penalty will depend mainly on the amount that was found in your possession:
- Less than one pound: Mandatory drug treatment and probation (length determined by judge)
- 1 – 5 pounds: 180 days to 2 years in jail, and a fine up to $10,000
- 5 – 50 pounds: 2 to 10 years in jail, and a fine up to $10,000
Sale as a First Time Offense
The act of selling illegal drugs is generally punished more harshly than the act of buying them. Even if it is your first drug-related offense, the penalties for selling marijuana can be harsh:
- ¼ or less: up to 1 year in jail, and a fine up to $4,000
- ¼ ounce – 5 pounds: up to 2 years in jail, and a fine up to $10,000
- 5 – 50 pounds: 2 to 20 years in jail, and a fine up to $10,000
Repeat Offenses
Repeat offenders are taken very seriously under Texas law. If you are convicted with buying or selling marijuana and you already have at least one felony conviction, it increases your chances of receiving the maximum penalty.
Cite and Summons?
You may have heard that Travis County is observing a new law making the release of 4 ounces of marijuana or less a “catch and release” offense. The truth is that how this law is enforced depends greatly on your arresting officer, judge, and District Attorney. Do not assume that you can get caught with marijuana without being taken into a station; it may not happen that way.
Speak with an Austin Jail Release Attorney
If you or a loved one has been arrested for the possession of marijuana, you need the best defense you can get. Contact Austin jail release attorney Ian Inglis at 512-472-1950.
The Ian Inglis web site is designed to provide educational information only and is not intended to offer legal advice. Information contained in this website is not intended to create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with Ian Inglis on its own will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication.