What Is the Statute of Limitations for Possession of Marijuana in Texas?

Prosecutors do not have unlimited time to file criminal charges in Texas. Following an arrest, you do not have to wait indefinitely wondering if you will be charged with marijuana possession. This is because the law sets out a statute of limitations, which is a deadline for prosecutors.

In most cases, possession of marijuana in Texas is a misdemeanor, which means the statute of limitations for filing charges is two years. Discuss any marijuana charges you face with a San Marcos drug defense lawyer today.

It is Not Legal to Possess Marijuana in Texas

Everyone should remember that Texas has not legalized recreational marijuana use. Possessing any amount of marijuana, whether it’s for personal use or for distribution, is still illegal under Texas law. Medicinal marijuana with proper documentation is permitted under Texas’ compassionate use program.

What Is the Current Texas Law about Possession of Marijuana?

The current Texas law regarding possession of marijuana can be found under the Texas Health and Safety Code, Section 481.121. According to this statute, it is a criminal offense to knowingly or intentionally possess any usable quantity of marijuana. Possessing two ounces or less of marijuana is considered a Class B misdemeanor.

Furthermore, if the possession involves more than four ounces but less than five pounds, it is a state jail felony. Possessing between five and 50 pounds of marijuana is a third-degree felony. For possessing more than 50 pounds, the offense escalates to a second-degree felony.

What Is the Penalty for a Texas Possession of Marijuana Offense?

The penalties for a possession of marijuana offense in Texas can have a significant impact on your life. Aside from potential fines and jail time, a conviction can result in a permanent criminal record, which can affect employment opportunities and other aspects of your future.

The penalties for possession of marijuana vary depending on the amount possessed and other factors such as previous convictions. For possessing two ounces or less, the penalties include up to 180 days in jail and/or a fine of up to $2,000. Possessing between two to four ounces is punishable by up to one year in jail and/or a fine of up to $4,000.

Possessing four ounces but less than five pounds is a state jail felony with potential consequences including confinement for a minimum of 180 days and a maximum of two years, along with a fine of up to $10,000. For possessing more than 50 pounds, the penalties include imprisonment for a minimum of two years and a maximum of 20 years, plus a fine of up to $10,000.

Finally, possessing any amount of marijuana near a school zone, a drug-free zone, or while driving can result in enhanced penalties.

Need a San Marcos Criminal Defense Lawyer?

If you or someone you know is facing a possession of marijuana charge in San Marcos, contact the criminal defense attorneys at Mendoza Law to start fighting the charges right away. The consequences of a conviction can be severe, so don’t delay.