legal consequences in texas

As of 2020, over 40 states and the District of Columbia have legalized the possession marijuana, also known as cannabis, in some form.  As it currently stands, the law as it stands gives the State of Texas the authority to arrest, prosecute, and sentence you to incarceration for up to one year for possession 4 ounces or less but more than 2 ounces and incarceration for up to 180 days for 2 ounces or less.  If you are in possession of more than 4 ounces of marijuana in Texas you may be charged with a felony and face prison time. If you have been previously convicted of one or more felonies, you could be enhanced and face the possibility of a long prison sentence for simple possession of marijuana. 

Many Texans use marijuana for pain relief and to treat medical and mental health issues more effectively than other drugs and with less side effects. As an attorney in Texas, I am involved in efforts to reform our cannabis laws and achieve legislation that will ultimately treat cannabis no differently than alcohol or over the counter pain medication.  Until then, users of cannabis continue to risk serious legal consequences in Texas.  

Marijuana Extracts and Concentrates

Most of the jurisdictions that have legalized marijuana have also legalized “marijuana concentrate” or “marijuana extract,” which usually comes in a wax form containing a concentrated amount of delta 9 THC (tetrahydrocannabinol), the psychoactive substance in marijuana. In the state of Texas, you may be charged with a felony for simple possession of even the smallest amount of marijuana extract or concentrate, which is classified as a Penalty Group 2 controlled substance under the Texas Controlled Substances Act. Possession of less than one gram of marijuana concentrate is considered a state jail felony, and possessing between 1-4 grams of concentrate is a 3rd degree felony.  Penalties escalate respectively with higher quantities, as 4 to 400 grams of marijuana concentrate is a 2nd degree felony, and possession of more than 400 grams is punishable as 1st degree felony. If you’ve been charged with possession, possession with intent to deliver, or manufacture of marijuana concentrate or extract contact us today to begin building your defense with one of South Texas’ leading attorneys.

If you are a first time marijuana offender, many Texas counties—including Hidalgo County, Bexar County, and Cameron County—you may apply to participate in pretrial intervention or diversion programs (PTD) which, if completed, result in the dismissal of your marijuana charge. The Law Office of Samuel Reyes has submitted countless successful PTD applications in Hidalgo County. Click here to contact us today!

You have rights

Our Constitution guarantees certain rights to protect you from the potential abuses of unscrupulous state or federal law enforcement agents and entities. These rights include due process, the right to an attorney, the right to confront witnesses against you, and the right to be presumed innocent until proven guilty beyond a reasonable doubt by a jury of your peers.  I have spent years studying and defending these rights for my clients in state and federal courts. I understand these rights very well and am familiar with the criminal procedure and process. As a defense attorney I have assisted numerous individuals accused of misdemeanor and felony possession of marijuana to beat their charges. A recent example includes my successful defense of an individual who was caught by federal agents driving a vehicle containing roughly 83 pounds of marijuana.  After 2 jury trials including a mistrial, the man was ultimately acquitted at the second trial after the 12 person jury unanimously found my client not guilty. Since 2010 the State of Texas has dismissed numerous drug charges against my clients, including some who were accused of possessing over 200 pounds of marijuana.