The question is sometimes asked how much marijuana it takes to make an offense.
Possession of marijuana is a class B misdemeanor if the amount is under two ounces. So the question is "is there a limit?", and the way the statute reads it reads that any amount that is a usable amount under two ounces is an offense.
So, what is a usable amount? It's not something that's defined, but the courts have interpreted that to mean that it's an amount that you could either roll into a cigarette or put in a pipe and smoke. Obviously, that's still not very exact because you can take almost any amount and do something with it. If there's a very small amount of marijuana, then there can be an
argument made that it's not a usable amount.
Generally, that doesn't come up, but occasionally, you will see police officers find what's called a shake or just something that's fallen out of a bag or something else and try to charge somebody with possession of marijuana for whatever they round up. In that case, you might have an argument that it's not a usable amount, but for the most part, you're probably going to lose most of those arguments, and the court is going to find that it's a usable amount, even though it may not get you very high, it's gonna get you a little bit, and the question is could you have put it to use, and if the answer is yes, then you have possessed a usable amount, and you have committed an offense.
Texas Marijuana Possession Penalties
Marijuana possession penalties in Texas for conviction are as follows:
- Less than two ounces: Class B misdemeanor, jail term up to 180 days and/or fine up to $2,000
- Between two and four ounces: Class A misdemeanor, jail term up to one year and/or fine up to $4,000
- Between four ounces and five pounds: State felony, state jail term between 180 days and two years and/or fine up to $10,000
- Between five and 50 pounds: Third-degree felony, Department of Corrections term between two and 10 years and/or fine up to $10,000
- Between 50 and 2,000 pounds: Second-degree felony, Department of Corrections term between two and 20 years and/or fine up to $10,000
- More than 2,000 pounds: First-degree felony, Department of Corrections term for life or between five and 99 years and/or fine up to $10,000
Contact Our Waco Criminal Defense Lawyer for a Consultation Today
If you have been charged with a marijuana crime in the Waco, TX, area and are facing marijuana possession penalties, you need an experienced Waco criminal defense lawyer. This is not something you can handle on your own. Call the office or contact us today to schedule a review of your marijuana criminal case. You can also get a free copy of our book "Don't Let your Future Go Up in Smoke", by clicking on the link.
