Marijuana Possession

In Texas marijuana is illegal and classified as a controlled substance. If an individual is arrested for marijuana possession in Houston or elsewhere in Texas, criminal classification for the charge ranges in severity from a misdemeanor to a felony criminal offense.

The severity of the charge is based on the nature of the possession, whether its intended for sale or not, the quantity of the drug involved, and any habitual or other criminal history on part of the defendant.

Regardless of whether or not you believe your weed charge is serious or not, it’s worth fighting the case as a subsequent charge will likely result in a criminal charge enhancement, which could lead to a felony for the possession of even a small amount of marijuana.

If you were arrested for any drug offense involving marijuana there’s an attorney in Houston that has a unique skill-set for fighting drug offenses. My name is Emily Detoto. Schedule your 100% confidential consultation today, by calling me at 713-227-2244.

Marijuana is Not Legal in Houston

You Will Be Prosecuted in Harris County, Texas

With Kim Ogg recently taking office as the District Attorney of Harris County after campaigning to limit prosecution for marijuana offenses, many Houstonians falsely believe they won’t be arrested if found to be in possession of small amounts of marijuana, which is hardly the case.

If you’re caught driving under the influence of marijuana, you’ll face a DUI charge and a marijuana possession charge, which will land you in the Harris County Jail. Not to mention more severe penalties if you’re caught selling marijuana or found to be in possession of large quantities of the drug.

Also keep in mind that Kim Ogg is the District Attorney in Harris County, but has no say in the judicial matters of Montgomery County, Brazoria County, Galveston County, Liberty County, Waller County, San Jacinto County, Fort Bend County, Chambers County, or the other counties that make-up and/or surround Greater Houston.

Penalties for Marijuana Possession

To give you a firm idea of the sentencing guidelines for marijuana convictions, feel free to review the table below.

Criminal Classification
2 OZs or Less
Class B Misdemeanor
Up to 180D County Jail - 2,000.00 Fine
2 - 4 OZs
Class A Misdemeanor
Up to 1YR County Jail - 4,000.00 Fine
4 OZs - 5lbs
State Jail Felony
180D to 2YR State Jail - 10,000.00 Fine
5lbs - 50lbs
Felony in the 3rd Degree
2-10YR TDCJ - 10,000.00 Fine
50lbs - 1 Ton
Felony in the 2nd Degree
2-20YR TDCJ - 10,000.00 Fine
Over 1 Ton
Felony in the 1st Degree
5-99YR TDCJ - 50,000.00 Fine

Special Note: If you’re caught growing marijuana in Texas, each plant, no matter how large or small, will count as 1 pound.

Defending Houstonians Since 1996

Attorney Emily M. Detoto, Board Certified®

We at the Law Office of Emily Detoto pride ourselves in offering affordable, flexible payments plans to our clients.

We know how it is being arrested, missing time from work, then having to bond out of jail, hire a lawyer, and then make good on already existing monthly commitments.

Although we aren’t among the cheapest defense lawyers in Houston, we are among the most effective, most understanding, and most successful.

If you’re serious about fighting for your freedom, and you’re hoping to find an attorney that’s equally as serious about your freedom as you are, call Emily today. The number to our office is 713-227-2244.

Houston Lawyer for Marijuana Cases

The Law Office of Emily Detoto