Austin Marijuana Lawyers | Marijuana Possession Attorney

Marijuana Possession Charges

Marijuana is the most widely used illegal drug in America.  You can hardly attend an outdoor concert without detecting the smell, and there are no shortage of pot arrests in Austin.  In Texas, possession of any "usable amount" is against the law.  Most counties will arrest for any amount, but around Travis County, you might get a marijuana citation without being arrested.  Either way, the Austin marijuana lawyers at Tillman Braniff, PLLC, want to get your pot case dismissed, and in a way that leaves the door open for expunction later on.  Keep in mind that you must "knowingly" or "intentionally" possess the marijuana to be guilty of a criminal possession charge.  Penalties for marijuana possession in Texas are as follows:

Marijuana Possession

Under 2 oz.   -   Class B Misdemeanor (up to 6 mo. jail/$2k fine)
Between 2-4 oz.   -   Class A Misdemeanor (up to 1 yr. jail/ $4k fine)
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4 oz. - 5 lb.   -   State Jail Felony (6mo-2yr. state jail/ up to $10k fine)
5lb. - 50 lb.   -   Third Degree Felony (2-10 yr. prison/up to $10k fine)
50 lb. - 2000 lb.   -   Second Degree Felony (2-20 yr. prison/up to $10k fine)
Over a ton   -   First Degree Felony (5-99 yr. prison/ up to $50k fine)

Marijuana Distribution Charges

A different and harsher set of penalties apply for distribution of marijuana.  Texas doesn't penalize the "sale" but rather the transfer of marijuana to others, or "distribution".  The only distinction that a "sale" makes is in cases involving a quarter ounce or less of marijuana:  if you give it to another person, it's a class B misdemeanor, but if you receive money then it becomes a class A misdemeanor.  Distribution of anything more than a quarter ounce is a felony.  Penalties for marijuana distribution in Texas are as follows:

Marijuana Distribution

Up to 1/4 oz.   -   Class B Misdemeanor (up to 6 mo. jail/$2k fine)
Up to 1/4  oz. for money  -   Class A Misdemeanor (up to 1 yr. jail/ $4k fine)
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1/4 oz. - 5 lb.   -   State Jail Felony (6mo-2yr. state jail/ up to $10k fine)
5lb. - 50 lb.   -   Second Degree Felony (2-20 yr. prison/up to $10k fine)
50 lb. - 2000 lb.   -   First Degree Felony (5-99 yr. prison/up to $10k fine)
Over a ton   -   First Degree Felony (10-99 yr. prison/ up to $100k fine)

Austin Marijuana Lawyers

Marijuana charges can have serious consequences that you may not have considered.  A marijuana conviction on your record may result in loss of student loan benefits, suspension of driver's license, additional DPS surcharges on your license, loss of job or job opportunities, denial of apartment leases, inability to travel to some countries, suspension or denial of professional licenses, or school suspension or expulsion, just to name a few hardships.

If you or a friend have been hit with marijuana charges, getting an Austin marijuana lawyer involved as early as possible can have a marked effect on the outcome of the case.  Whether the case was the result of a traffic stop or a search warrant, our experienced marijuana attorneys will examine each case thoroughly to protect the rights of every client.  Our goal in every case is to return the client to the position he was in prior to the arrest.  This means fighting for a dismissal, and dismissal in a way that preserves the client's right to later expunge the entire matter.  Please give us a call to see how we can help with your Austin marijuana charge.