Were You Arrested for a Marijuana Crime?
Looney, Smith & Conrad, P.C., Criminal Defense Law Firm
Experienced Marijuana Defense Attorneys
Since 1995 criminal defense trial attorney Paul Looney has litigated
60 criminal jury trials with zero final convictions
Marijuana is the third most popular recreational drug in America (behind only alcohol and tobacco), and has been used by nearly 100 million Americans.
According to government surveys, some 25 million Americans have smoked marijuana in the past year, and more than 14 million do so regularly despite harsh laws against its use.
More than 800,000 individuals are arrested every year for marijuana – more than the total number arrested for all violent crimes combined, including murder, rape, robbery and aggravated assault.
Of those charged with marijuana violations, approximately 86 percent, 663,032 Americans were charged with possession only. The remaining 94,937 individuals were charged with “sale/manufacture,” a category that includes all cultivation offenses, even those where the marijuana was being grown for personal or medical use. In past years, roughly 30 percent of those arrested were age 19 or younger.
In order to be convicted, there must be knowledge of the possession to be found guilty. When a person is found to be in possession of a drug, law enforcement may attempt to get the person to admit he or she knew it was there or get the person to say he or she knew it was there but didn’t know what it was or that it was illegal.
Because arrests can lead to lifetime criminal records, it is important to consult the Criminal Defense Attorneys at Looney, Smith & Conrad, P.C. for a free consultation.
Penalties for Marijuana Related Crimes in Texas
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession | |||
| 2 oz or less | misdemeanor | 180 days | $2,000 |
| 2 – 4 oz | misdemeanor | 1 year | $4,000 |
| 4 oz – 5 lbs | felony | 180 days* – 2 years | $10,000 |
| 5 – 50 lbs | felony | 2* – 10 years | $10,000 |
| 50 – 2,000 lbs | felony | 2* – 20 years | $10,000 |
| More than 2,000 lbs | felony | 5* – 99 years | $50,000 |
| * Mandatory minimum sentence | |||
| Sale | |||
| 7 g or less for no remuneration | misdemeanor | 180 days | $2,000 |
| 7 g or less | misdemeanor | 1 year | $4,000 |
| 7 g – 5 lbs | felony | 180* days – 2 years | $10,000 |
| 5 – 50 lbs | felony | 2* – 20 years | $10,000 |
| 50 – 2,000 lbs | felony | 5* – 99 years | $10,000 |
| More than 2,000 lbs | felony | 10* – 99 years | $100,000 |
| To a minor | felony | 2* – 20 years | $10,000 |
| * Mandatory minimum sentence | |||
| Hashish and Concentrates | |||
| Possession of less than 1 g | felony | 180 days – 2 years | $10,000 |
| Possession of 1 – 4 g | felony | 2 – 10 years | $10,000 |
| Possession of 4 – 400 g | felony | 2 – 20 years | $10,000 |
| Possession of more than 400 g | felony | 10 years – life | $50,000 |
| Manufacture or delivery of less than 1 g | felony | 180 – days – 2 years | $10,000 |
| Manufacture or delivery of 1 – 4 g | felony | 2 – 20 years | $10,000 |
| Manufacture or delivery of 4 – 400 g | felony | 5 – 99 years | $10,000 |
| Manufacture or delivery of more than 400 g | felony | 10 years – life | $10,000 |
| Paraphernalia | |||
| Possession of paraphernalia | misdemeanor | N/A | $500 |
| Sale of paraphernalia (first offense) | misdemeanor | 1 year | $4,000 |
| Sale of paraphernalia (subsequent offenses) | felony | 90 days* – 1 year | $4,000 |
| To a minor | felony | 180 days* – 2 years | $10,000 |
| * Mandatory minimum sentence | |||
| Miscellaneous | |||
| Falsifying a drug test | misdemeanor | 180 days | $2,000 |
| A person’s driver’s license is automatically suspended on final conviction of a drug offense. | |||
Texas Driving While Under the Influence of Drugs
In Texas, a person commits a DWI offense if the person is intoxicated while operating a motor vehicle in a public place. Texas Penal Code Ann. § 49.04 (Vernon 2009). The use of marijuana, other recreational drugs and even prescription drugs may lead to intoxication and arrest for DWI.
Are you looking for a criminal defense law firm?
Call us today (281) 597-8818 in Houston or (979) 826-8484 in Hempstead.
We are Criminal Lawyers Near 77079 and Criminal Lawyers Near 77445.
When you need a Marijuana Defense Attorney, contact Looney, Smith & Conrad, P.C. at 281-597-8818.
Text Us: 405-388-6191
Our experienced Top Criminal Attorneys and Best Marijuana Lawyers are available
24 hours a day, 7 days a week for a free, no-obligation case evaluation.
We serve Houston, the State of Texas and the entire United States.
Call today for a Marijuana Attorney Near Me.
