Odessa Marijuana Defense Lawyers

Texas Penalties for Marijuana Possession

The penalties for marijuana possession depend on the amount found as follows: 

• Possession of less than two ounces: Classified as a Class B misdemeanor punishable by up to 180 days in jail and/or fines up to $2,000.
• Possession of two to four ounces: Classified as a Class A misdemeanor with penalties of up to one year in jail and/or fines up to $4,000.
• Possession of four ounces to five pounds: Classified as a state jail felony with penalties of 180 days to two years in state jail and fines up to $10,000.
• Possession of five to fifty pounds: Classified as a third-degree felony punishable by two to ten years in prison and fines up to $10,000.
• Possession of fifty to two thousand pounds: Classified as a second-degree felony punishable by two to twenty years in prison and fines up to $10,000.
• Possession of more than two thousand pounds: Classified as a first-degree felony punishable by five to ninety-nine years (or life) in prison and fines up to $50,000.

Delivery of Marijuana

Delivery of marijuana refers to the act of transporting, transferring, or distributing marijuana from one person to another, whether for compensation or not. Delivery can be accomplished in many ways and does not have to be done in person. 

The law considers any method of transferring marijuana from one individual to another as delivery, whether that transfer happens face-to-face, through the mail, or via other means. Delivery penalties can range from a Class B misdemeanor involving 0.25 ounces or less without payment to a first-degree felony of more than 2,000 pounds. 

Cultivation of Marijuana in Texas

Cultivation of marijuana refers to the act of planting, growing, nurturing, harvesting, and processing marijuana plants. Under Texas law, the cultivation of marijuana is illegal, and the penalties can be severe.

Cultivation is classified based on the number of plants being grown and can carry penalties ranging from misdemeanors to severe felonies. Engaging in marijuana cultivation can result in numerous charges, including possession with intent to distribute, which significantly enhances the potential legal consequences. Besides criminal penalties, individuals caught in cultivation may face property or asset forfeiture.

THC Concentrates & Marijuana Crimes

THC concentrates refer to highly potent extracts derived from the marijuana plant, containing high levels of tetrahydrocannabinol (THC), the primary psychoactive component in cannabis. These concentrates come in various forms, including oils, waxes, shatters, and resins, and are often consumed through vaping, dabbing, or adding to edibles. 

Due to their high potency compared to regular marijuana, THC concentrates are treated with significant severity under Texas law and are classified differently from marijuana. Possession of any amount of THC concentrate is considered a felony, regardless of the quantity.

Marijuana-Related DWI in Texas

Driving while intoxicated (DWI) laws in Texas extend beyond alcohol to include impairment by marijuana or other controlled substances. If you are found to be under the influence of marijuana while driving, you can face similar penalties to those for alcohol-related DWIs. 

This includes license suspension, fines, community service, and incarceration. The presence of THC in a driver's system can be used as evidence of impairment, making it crucial to seek experienced legal representation to challenge such evidence with an aggressive defense. 

Pretrial Diversion Program in Ector County

Ector County has a misdemeanor marijuana program called the Pretrial Intervention Program. It is generally aimed at first-time offenders who have committed more minor offenses like possession of marijuana. 

Individuals must meet specific eligibility criteria to be referred to the program. The program typically requires participation in educational classes or other diversion programs as an alternative to facing traditional criminal charges. Successful program completion can result in reduced penalties or avoidance of a criminal conviction.