The penalty for the possession of marijuana depends upon the amount in one's possession:
- Class B Misdemeanor [0-180days]: two (2) ounces or less;
- Class A Misdemeanor [6mos - 1yr]: over two (2) ounces but less than four (4) ounces;
- State Jail Felony [6mos - 2 yrs]: over four (4) ounces but less than five (5) pounds
- Third degree felony [2-10yrs]: over five (5) pounds but less than fifty (50) pounds;
- Second degree felony [2-20yrs]: over fifty (50) pounds but less than two thousand (2,000) pounds;
- First Degree [5-99yrs]: over two thousand (2,000) pounds
Additionally, there are fines associated with each penalty. In most individual consumption cases, possession of marijuana amounts to a Class B Misdemeanor (less than 2 ounces). It is important to remember that even though other states are beginning to see marijuana in a positive light, it remains illegal for you to possess it in Texas.
The bounds of marijuana possession does not discriminate. Recently Texas Rangers catcher, Geovany Soto, found himself in trouble for potentially possessing weed, after suffering from a knee injury. Soto allegedly had under two ounces, and now faces a Class B misdemeanor. It appears that the arrest resulted in a $500.00 bail and the case is still pending.
It has been our experience that many people who smoke marijuana do not only smoke for recreational purposes but also to "self-medicate". Whether it be mental, emotional, or physical countless people consume marijuana to aid them in distressful times.
It is not clear if Soto actually possessed the marijuana or, if he did, why he was consuming it. However, if you or someone you know smokes marijuana stay aware of the risk it has with respect to your criminal record. As noted above, the penalties are real!
If you are someone you know is caught with marijuana, give us a call.
By: DaSean A. Jones | 832.374.1598