By Bo Kalabus
www.rosenthalwadas.com;
b.kalabus@rosenthalwadas.com
24-hour Jail Release: 214-402-4364
Possession of Marijuana FAQ
Here are some answers to questions I often hear regarding possession of marijuana cases here in Texas.
Q: What does possession really mean?
A: The Texas Penal Code Section 1.07(39) defines “possession” as “actual care, custody, control, or management.” In other words, the State has to prove that someone was in actual care, custody, control, or management of the marijuana not just that someone was merely in close proximity to the drugs. The State usually does this through “affirmative links” or how they can link the drugs to you through common sense. For example: was the marijuana in your pocket?—if so, that an easy affirmative link to you possessing the drug. If it is in a car, is it your car? If so, where in the car?–the center console where it would be closer to you, or stuffed in the back where a passenger may have put it without your knowledge?
Q: What exactly is considered marijuana?
A: The legal definition of marijuana is defined in the Texas Health and Safety Code. Marijuana is in its own category and for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.
Q: How serious is a possession of marijuana charge?
A: It depends. But yes, marijuana possession here in Texas is still illegal and a crime. Possession of marijuana is at least a misdemeanor criminal charge under Texas law. Though most minor marijuana possession cases can be dealt with effectively, more serious charges with larger quantities or intent to sell are extremely serious charges.
Q: What are the laws and penalties regarding marijuana possession?
A: As follows:
| Weight | Classification | Penalty |
| 2 ounces or less | Class B misdemeanor | Not more than 180 days in a county jail and/or a fine of not more than $2,000
|
| More than 2 ounces, but less than 4 ounces | Class A misdemeanor | Not more than 1 year in a county jail and/or a fine of not more than $4,000
|
| More than 4 ounces, but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000
|
| More than 5 pounds, but less than 50 pounds | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000
|
| More than 50 pounds, but less than 2,000 | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000
|
| More than 2,000 pounds | Enhanced first-degree felony | 5 to 99 years and a fine of not more than $50,000
|
Q: Does having a possession of marijuana conviction on my record affect my driver’s license?
A: Yes, your driver’s license can be suspended for up to six months following a conviction on any violation of the Texas Controlled Substances Act, which includes possession of marijuana.
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