Temple Marijuana Possession Defense Attorney
Bell County remains one of the worst counties in Texas for marijuana offenders. While other counties are decriminalizing marijuana possession (at least for small amounts of weed), Bell County remains committed to prosecuting violators to the full extent of the law.
If you’ve been caught with some pot in Temple or surrounding areas, please contact The Law Office of Katie L. Gomez, PLLC today. There is no reason to plead guilty without first meeting with an attorney to review your case. These cases are often winnable, and there is a lot on the line, contact our Temple marijuana possession attorneys today.
Texas Marijuana Laws
Texas has historically been very harsh on those caught with marijuana. Our state has criminalized possession based on the amount of weed you are caught with:
- 2 ounces or less: Class B misdemeanor, maximum 180 days in jail and $2,000 fine
- 2-4 ounces: Class A misdemeanor, maximum 1 year in jail and $4,000 fine
- 4 ounces to 5 pounds: State felony, up to 2 years in jail and a $10,000 fine
- 5-50 pounds: Third-degree felony, up to 10 years in prison and a $10,000 fine
- 50 to 2,000 pounds: Second-degree felony, maximum 20 years in prison and $10,000 fine
The law is somewhat different if you are charged with possession of marijuana with the intent to sell:
- Up to one-fourth of an ounce: Class A misdemeanor, maximum 1 year in jail and $4,000 fine
- Up to 5 pounds: State felony, maximum 2 years in prison and $10,000 fine
- Up to 50 pounds: Second-degree felony, maximum 20 years in prison and $10,000 fine
- Up to 2,000 pounds: First-degree felony, maximum 99 years in prison and $10,000 fine
- Over 2,000 pounds: Mandatory minimum of 10 years in prison and maximum $100,000 fine
Remember that penalties can be enhanced for prior convictions, so if this is your second or a subsequent arrest, you should meet with a Temple criminal defense attorney immediately.
Isn’t Texas Decriminalizing Marijuana?
The state’s marijuana laws are admittedly in a state of flux. For example, the state decriminalized marijuana use for epilepsy back in 2015. The state has also expanded the medical conditions you can take marijuana for.
In some municipalities, local government officials have decriminalized the possession of tiny amounts of pot. For example, Harris County stated it would not prosecute those caught with up to four ounces of marijuana, which must be a relief to those who live there. But that’s not the approach taken by Bell County officials—at least not yet. Driving into Temple with small amounts of marijuana could net you time in jail and a fine, regardless of whether possession is okay in your home county.
Fight Back
There is no reason to immediately plead guilty without meeting with a lawyer. Different defenses are available, depending on the circumstances of your arrest. For example, police might have lacked probable cause to search you, in which case you could get the evidence thrown out of court. That would make a conviction very hard to obtain.
In other cases, you might not have voluntarily taken possession of the drugs. If someone stuffs pot in your backpack or pockets, you have not violated the law.
Contact The Law Office of Katie L. Gomez, PLLC today to learn more about possible defenses to these charges.
