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Possession of Marijuana

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Marijuana Possession Defense Lawyers

Important Marijuana Update For 2019 –

Due to a recent change in Texas law related to commercial hemp, an important legal issue has been created when it comes to charging individuals with marijuana possession. Some District Attorneys in certain counties of Texas are temporarily not accepting any marijuana cases or are only accepting certain cases. If you have been charged with marijuana possession in Denton County or the surrounding area, it is important to hire the right attorney to help ensure the best outcome for your charge.  It is important to note that despite this issue with the law, you can and will be arrested and charged with marijuana possession by the authorities. This law may change at any time so please contact our office for the latest information.

Possession of marijuana is a serious criminal charge in Denton, TX despite the changing views in other parts of the country. If you or someone you love has been charged, it is important to seek immediate legal assistance. At Boswell Legal Group, we handle all drug possession charges with professionalism, integrity, and respect.

If you are a college student or other individual facing drug charges in the Denton, Texas area, contact us for a free initial consultation. Call 940-382-4711 to get started on your defense.

Marijuana Possession: Classification and Penalties

The penalties for marijuana possession depend upon the amount of drug involved. Possession charges can range from a class B misdemeanor (up to $2,000 in fines) to a third-degree felony (two to ten years in prison, up to $10,000 in fines.)

Possession of more than four ounces of marijuana but less than five pounds is a state jail felony. If convicted, an individual faces up to two years in jail and up to $10,000 in fines. However, the crime could be charged as a third-degree felony if the suspect possessed a deadly weapon or has prior felony convictions. Possession of larger amounts of marijuana can be charged as distribution, possession with intent to sell, or drug trafficking.

Please note, Marijuana possession charges can be enhanced if the suspect was in possession of marijuana in a drug-free zone: within 1,000 feet of a school zone, playground, or community center.

Concentrates, Oils, Vape Pens, and Other Forms of Marijuana/Cannabis

Over the past few years, the vape pens that have become the latest rave in the tobacco market have also become immensely popular in states where Marijuana is legal as an alternative means of consumption.

The popularity of oils and concentrates has only grown and while at first Texas state authorities were relatively unaware of THC/marijuana vape pens, law enforcement has grown wise. This can mean serious problems for anyone who brings a vape pen into Texas from a state where they purchased it legally.

Due to differences in weight and characterization of types of marijuana under Texas state law, being caught with a vape pen could result in felony charges while a similarly small amount of dried marijuana flower would only be charged as a misdemeanor.

Despite changes elsewhere in the nation, Texas laws remain strictly anti-marijuana, even in small amounts, and even for medical use unless you have the proper documents. This means prosecutors will use the differentiation in Texas state law between dried marijuana flower and THC wax in order to pursue more severe convictions against anyone found in possession of a marijuana vape pen.

Texas State Laws on Dried Marijuana Flower vs. THC Wax / Oil

The difference in the charges is not insignificant. Under the current laws in the state of Texas, possession of any amount of dried flower up to two ounces is charged as a misdemeanor and punishable by no more than 180 days in jail and a fine of $2,000.

On the other hand, possession of any amount of THC wax or oil can result in felony charges punishable by 2 years in prison and up to $10,000 in fines. Texas legislatures do not consider the two forms of marijuana to be the same substance.

It’s absolutely imperative you secure qualified legal representation from a team that knows Texas state laws on marijuana and can give you your best defense if you’ve been arrested for possession of a marijuana vape pen in the state of Texas.

As far as Texas state law is concerned, all of the following marijuana-based products are considered THC wax and not marijuana. Possession of anything on this list will likely result in felony charges:

  • Dabs
  • Wax
  • Oil
  • Distillate
  • Live Resin
  • Shatter
  • BHO
  • And more…

Marijuana Edibles

Like any other form of marijuana, Texas law enforcement will prosecute you if they can determine you are found in possession of marijuana edibles. These come in many forms including hard and soft candy, brownies, butter, cookies, and more.

If law enforcement determines that the number of edibles on your possession qualify for a felony amount of marijuana, they will pursue felony charges. Seeking legal representation if you’ve been charged with a felony for possession of marijuana edibles is the best thing you can do. Don’t assume that just because it’s a box of brownies it’ll only be a misdemeanor charge. Play it safe and call our offices right away.

Defending College Students With Marijuana Charges

Students have additional concerns when facing drug possession charges. A drug crime conviction could affect their enrollment and educational future, as well as show up on any background checks performed.

We understand the criminal and social implications of a drug possession conviction. Accordingly, we work both discreetly and efficiently to protect the future and reputation of our clients.

We defend college students from various institutions, including:

  • University of North Texas (UNT)
  • UT Arlington (UTA)
  • Texas Women’s University
  • Texas Christian University
  • Texas Wesleyan University
  • North Central Texas College
  • Collin County Community College

Contact Our Denton Office

If you have been charged with marijuana possession, contact a dedicated attorney for a strong criminal defense. To schedule a free initial consultation, please call 940-382-4711.