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Temple Criminal Defense > Blog > Drug Crime > Can I Face Drug Charges For Marijuana Possession?

Can I Face Drug Charges For Marijuana Possession?


Many states have decriminalized or legalized cannabis. If you were recently arrested for and charged with marijuana possession, you might be wondering if you can face drug charges for marijuana possession in Texas. For anyone in or around Temple, Texas, it is critical to understand that marijuana remains illegal in the state of Texas for most individuals. Although a number of states across the country have decriminalized the possession of small amounts of marijuana, and others have legalized cannabis and even permitted cannabis stores to obtain business licenses, in Texas you can still face drug charges for marijuana possession. If you find yourself in this situation, we want to make sure you understand your rights. 

Marijuana Remains Illegal to Possess for Most Individuals in Texas

Under the Texas Penal Code, it is unlawful to possess any amount of marijuana in Texas unless you have a medical marijuana exception, which we will explain below. Indeed, under Texas law, marijuana possession can result in misdemeanor or felony charges depending upon the amount of the substance in your possession. For even two ounces or less, you will face Class B misdemeanor charges, and for anywhere from more than two to up to four ounces, you will face a Class A misdemeanor. For possession of additional amounts, you will face felony charges.

Lawful Medical Marijuana Possession Under Texas Law

You cannot face marijuana charges if you have a medical exception through the compassionate use program, but you should know that these exceptions are limited, and you can only possess a minimal amount of marijuana that has been obtained according to the terms set forth by Texas law. Otherwise, you can still face charges.

Consequences of Marijuana Possession in Texas

In recent years, a large percentage of Texas voters have indicated that they are in favor of the decriminalization of marijuana in the state, and many even believe that small amounts should be able to be possessed lawfully for recreational use. In part, as a result of shifting perspectives concerning marijuana use and possession in Texas, a recent article in The Texas Tribune indicated that the state is not focusing on prosecuting individuals who have been arrested for possessing small amounts of marijuana, and that prosecutors largely are not seeking the harshest penalties for limited amounts of marijuana possession. 

However, it is still absolutely critical to have an experienced Texas drug crimes defense lawyer on your side to help ensure that you do not face serious charges and that you do not end up serving jail time simply because you possessed an amount of marijuana that has been decriminalized or legalized in other U.S. states.

Contact a Temple Drug Defense Attorney Today

If you are facing marijuana possession charges under Texas law or any other type of drug charges, it is essential to seek help with your defense from a Temple drug crimes defense lawyer. An advocate at our firm can speak with you today about building a strong defense strategy for your case. Contact The Law Office of Katie L. Gomez, PLLC to learn more about how we can assist you.

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