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texas penalties for cannabis seeds

Fight Your Charges with a Marijuana Defense Lawyer

In Texas, possession of marijuana can be a serious crime and may result in significant jail time with far-reaching, often unforeseen consequences. A drug conviction can interfere with current or future employment, student loans, and even your apartment lease. If you have been arrested for possession, marijuana defense lawyer Jason Trumpler in Austin, TX, can help you fight this charge, so that you can maintain a clean record.

Marijuana Laws in Texas

Unlike many other states in the U.S., Texas still regards all forms of marijuana as illegal. In the context of Texas law, possession refers to an individual who has marijuana in his “care, custody, control, or management.” As such, whether or not the substance belongs to you, you can still be held accountable if police find it in your car or residence. For legal purposes, marijuana includes any type or part of a cannabis plant, including leaves and seeds.

Similar to other drug charges in Texas, the penalty for possession is determined by the amount of marijuana found in your car, home, or on your person.

Possession Charge Maximum Penalty
Up to 2 ounces Class B Misdemeanor 180 days in jail, $2,000 fine
2 – 4 ounces Class A Misdemeanor 1 year in jail, $4,000 fine
4 ounces – 5 pounds State Jail Felony 2 years in jail, $10,000 fine
5 – 50 pounds Third Degree Felony 10 years in prison, $10,000 fine
50 – 2,000 pounds Second Degree Felony 20 years in prison, $10,000 fine
More than 2,000 pounds First Degree Felony Life in prison, $50,000 fine

The sale of marijuana can also be considered a felony. The severity of this penalty coincides with the quantity distributed. Selling to minors is a more serious crime and can result in a second degree felony and a minimum two year prison sentence.

Additional Consequences of Conviction

In addition to potential jail time and fines, you can face serious, long-lasting repercussions if convicted for possession of any amount of marijuana. If you are 21 years of age or older, your driver’s license can be automatically suspended for six months upon conviction. For those under 21 years of age at the time of arrest, this suspension can increase to a full year.

A conviction can interfere with current or future employment, student loans, and even your apartment lease.

A conviction on your record can be easily found by a potential employer or financing company. Many employers consider any type of drug conviction to be an automatic disqualification for employment. A criminal record can also prevent you from receiving student loans or maintaining current financial aid. These blemishes on your record can even impact an apartment lease. To avoid these consequences, it is important to fight possession charges with a proven, experienced criminal lawyer to help keep your record clean.

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Trumpler Law Can Help

Jason Trumpler provides aggressive defense representation throughout central Texas. He has handled thousands of drug cases and spent countless hours in the courtroom earning many substantial court victories. In addition, he has worked as a narcotics prosecutor and trained law enforcement officers, so he understands the tactics often used against defendants. These diverse experiences contribute to Mr. Trumpler’s unique prospective, which he can use to mount the best possible defense for his clients. For a first offense misdemeanor marijuana charge, we can often work out a deal to get charges dismissed in exchange for drug treatment. For more serious charges, we pursue every potential avenue with the goal of dismissal or reduced penalties.

Fight Your Charges Today

For help with your marijuana case, contact Trumpler Law online or call us at (512) 457-5200. We answer calls 24 hours per day, and we can provide help with bail and release.

Marijuana Penalties in Texas

(26)”Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The term does NOT include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

(E) the sterilized seeds of the plant that are incapable of beginning germination.

Possession of Marijuana

Texas Health and Safety Code Sec. 481.121

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

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(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

Delivery of Marijuana

Texas Health and Safety Code Sec. 481.120

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

(2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

(3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;

(4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

(5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.

Drug Paraphernalia Definitions

Texas Health & Safety Code Sec. 481.002

(17) “Drug paraphernalia” means equipment, a product, or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this chapter or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes:

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(A) a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived;

(B) a material, compound, mixture, preparation, or kit used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(C) an isomerization device used or intended for use in increasing the potency of a species of plant that is a controlled substance;

(D) testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;

(E) a scale or balance used or intended for use in weighing or measuring a controlled substance;

(F) a dilutant or adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the controlled substance;

(G) a separation gin or sifter used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;

(H) a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance;

(I) a capsule, balloon, envelope, or other container used or intended for use in packaging small quantities of a controlled substance;

(J) a container or other object used or intended for use in storing or concealing a controlled substance;

(K) a hypodermic syringe, needle, or other object used or intended for use in parenterally injecting a controlled substance into the human body; and

(L) an object used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, including:

(i) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;