Bell County Marijuana Possession Attorney
Even as other US states move to decriminalize or legalize marijuana for various purposes, this controlled substance and most of its derivatives are still illegal in Texas. In fact, law enforcement has increased its efforts to apprehend offenders in recent years. Statistics from the Texas Department of Public Safety (DPS) reveal that officials arrest almost 25,000 individuals every year for marijuana possession, sale, and trafficking. This figure represents almost 28 percent of all drug arrests. Plus, marijuana ranks at the top when it comes to drug possession charges, comprising more than 31 percent of all cases.
Marijuana is the subject of special treatment under Texas criminal statutes, which create a separate category and distinct penalties. Our attorneys at The Law Office of Katie L. Gomez, PLLC are well-versed on the applicability of the laws and committed to defending the rights of those facing charges. Please contact our firm to set up a no-cost consultation with a Bell County marijuana possession attorney to discuss details. You can also check out a helpful overview of what to expect.
Prosecution’s Burden of Proof in a Marijuana Case
The government must prove guilt beyond a reasonable doubt in a criminal case, and this requirement applies to each element. For marijuana possession, the prosecutor must have evidence showing:
- You intentionally established management or control over a controlled substance;
- You knew the drug was marijuana; and
- You did not have a valid prescription for medical marijuana.
Element #1 can present challenges for the prosecution, leaving the door open to multiple options for defenses. Possession can be actual, such as when you have it on your person. If the marijuana is in a vehicle glove box, the trunk, or in a bag, your Bell County marijuana possession attorney could fight the charges by showing how someone else had control.
Marijuana Possession Penalties
Like other controlled substances crimes, the nature of marijuana offenses depends upon the weight. Even a minuscule amount of pot can lead to Class B Misdemeanor charges, for which a judge could order 180 days in jail and a $2,000 fine. The Law Office of Katie L. Gomez, PLLC can assist with the charges, as well as more serious offenses:
- Marijuana possession of 2 – 4 oz. is a Class A Misdemeanor punishable by a year incarceration and $2,000 fine.
- Between 4 oz. and 5 pounds of pot is a State Jail Felony, so you face 180 days to 2 years in prison.
- Possession of 5 to 50 pounds of marijuana is a Third Degree Felony, and up to 2,000 pounds is a Second Degree Felony. Your prison term may range from 2 to 20 years’ incarceration.
- Marijuana possession of 2,000 pounds or more is a First Degree Felony, for which the maximum sentence is life in prison.
Set Up a Consultation with a Bell County Marijuana Possession Lawyer
For more information about defending drug charges in Texas, please contact The Law Office of Katie L. Gomez, PLLC in Temple, TX. You can schedule a free consultation with a Bell County marijuana possession attorney by calling 254-330-3214 or completing an online contact form.
