Possession of Marijuana § 481.121 (CSA)

Under § 481.121 of the Texas Controlled Substances Act, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. An offense under this section is a Class B Misdemeanor if the amount of marijuana possessed is two ounces or less, a Class A misdemeanor if the amount of marijuana possessed is four ounces or less but more than two ounces, and a state jail felony if the amount of marijuana possessed is five pounds or less but more than four ounces. In some cases, possession of a large enough amount of a drug can be used as evidence of intent to distribute, which carries much more serious penalties upon a conviction. Convictions on charges involving cocaine and other dangerous drugs can also involve more serious criminal penalties.

There are many potential defenses for drug charges. If you have been accused of Possession of Marijuana or another drug charge, it is important to contact a Georgetown criminal defense lawyer to discuss your options before making statements to police officers, detectives, prosecutors or anyone else.

What To Know About Marijuana Possession in Williamson County

Many first-time arrests that take place in Williamson County are Possession of Marijuana charges. It is one of the most common offenses in our county. While it has become legal in many states throughout the country, Texas still enforces strict drug laws when it comes to marijuana. It’s important to know the law and to know what to do if you’re found in possession of the drug in Williamson County. To be found guilty of possession, you have to be involved in “actual care, custody, control, or management” of a usable quantity of marijuana. If you are facing this charge, it can be a frightening and overwhelming situation, regardless of your age or status. Being charged at a state or federal level can be intense. And a possession of marijuana charge in Texas can be strictly penalized. Those arrested for drug charges might find themselves doing prison time, being heavily fined, or even required to attend some forms of counseling.

To avoid these charges following you permanently throughout your life, the key is to find a highly experienced criminal defense lawyer who can fight for you. Those who are well-versed in drug charges in Texas can offer you legal counsel, defend you in court, and possibly even help you avoid being convicted. In some instances, you may be required to enroll in a counseling program to avoid conviction. Your defense lawyer can tell you more about these programs, as well as provide any other evidence the judge may need that you don’t need a felony to follow you around.

Drug charges can impact your future employment, your applications for housing or car loans, and potentially many other aspects of life. You may lose access to any federal benefits you were receiving or were going to receive. Your license will also likely be suspended, in many cases for 180 days. Depending on how much marijuana you were found in possession of, you may face jail time and/or a large fine. If the amount you possess is over 4 ounces, it may be charged as a felony. This can increase jail time and fees exponentially– up to 10 years and up to $10,000 dollars. Possessing less than four ounces of marijuana may be classified as a misdemeanor, but can still lead to time in jail and high fines. And these convictions will likely show up again in your future when trying to make many big life changes.

The consequences for possession of marijuana in Williamson county can be scary and overwhelming to be faced with. An experienced and knowledgeable defense attorney can walk you through the process and help to lessen any conviction you may receive with any evidence they may be able to acquire. In some cases, the search that led to discovering the marijuana was illegally conducted, or the defendant didn’t actually have possession of the drug. A good defense lawyer can often get these cases thrown out. Talk to potential criminal defense attorneys about your case and find out how experienced they are in marijuana charges in Williamson County. Your future will benefit from having someone on your side.

OPTIONS FOR PRE-TRIAL INTERVENTION

There are multiple criminal defense options available for people who have been charged with crimes in Williamson County. You may qualify for a special program called the Pre-Trial Intervention Program. This is a six-month program that is only an option for first-time offenders. Under this program, you are able to avoid prosecution if you remain law-abiding and follow all the other terms of the program. Additionally, successful completion of the program will result in your charge being dismissed, which means you will be eligible to expunge the arrest and charge from your record.

One must apply to the Pre-Trial Intervention Program through an attorney. While it is a good option for many people, it’s not for everyone. It is important to have an attorney review your case to determine whether the prosecution has sufficient evidence against you before considering this option.

Sometimes, it is unclear who was responsible for bringing drugs into a home or vehicle. A traffic stop and search may also turn out to have been illegal because the police did not have sufficient justification to search you and did not get valid, voluntary consent.

As your attorney, I will examine all of the evidence against you, including the police report and any existing video, before advising you about your criminal defense options. Don’t hesitate to reach out to me if you’ve been charged with possession of marijuana or any other drug crime. I also handle prescription drug cases, call my firm today!