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Collin County Marijuana Lawyer Cannabis Defense

If you have been arrested for a marijuana charge in Collin County, you need to speak with an experienced criminal defense lawyer as soon as possible. Despite changing attitudes regarding marijuana possession, it is still a criminal offense in Texas that can carry serious penalties and negatively impact your future. An experienced Collin County marijuana lawyer can help you fight the charges and protect your record.

Collin County Marijuana Lawyer, Serving Allen, Plano, Frisco, Prosper, Carrollton, McKinney and Surrounding Areas Dallas County

In this article, we will explain the current marijuana laws in Texas, penalty ranges, potential defenses, and collateral consequences. But first, please watch this video from Benson Varghese, a Collin County marijuana lawyer board certified in criminal law. He describes how our firm beats marijuana charges in Collin County and North Texas.

What constitutes possession of marijuana in Texas?

In Texas, a person commits possession of marijuana if he or she “knowingly or intentionally possesses a usable quantity of marijuana.” So what is a usable quantity? Texas law doesn’t define usable quantity, but it generally refers to an amount that is sufficient for personal use, such as a joint. The threshold amount of marijuana that will trigger a possession charge in Texas is very small.

What is the punishment for possession of marijuana in Texas?

Marijuana is legal in more than a dozen states across the country, but Texas is not one of them. The punishment for possession of marijuana in Texas depends on the amount of marijuana seized.

  • Possession of Drug Paraphernalia: Class C misdemeanor punishable by a maximum $500 fine.
  • Possession of Marijuana Under 2 Ounces: Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine.
  • Possession of Marijuana 2 to 4 Ounces: Class A misdemeanor punishable by up to a year in jail and a maximum $4,000 fine.
  • Possession of Marijuana 4 Ounces to 5 Pounds: State jail felony punishable by 6 months to 2 years in a state jail facility and a maximum $10,000 fine.
  • Possession of Marijuana 5 to 50 Pounds: Third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.
  • Possession of Marijuana 50 to 2000 pounds: Second-degree felony punishable by 2 to 20 years in prison and a maximum $10,000 fine.
  • Possession of Marijuana in a Drug Free Zone: If you possess marijuana in a drug free zone, such as a school or playground, the penalty is increased one level higher. For example, if you were charged with possessing 3 ounces of marijuana, instead of facing a Class A misdemeanor punishable by up to a year and a $4,000 fine, you may instead face a state jail felony punishable by six months to 2 years in jail and a $10,000 fine.

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What constitutes delivery of marijuana in Collin County?

In Texas, a person commits the offense of delivery of marijuana if he or she intentionally or knowingly delivers marijuana, actually or constructively, to another. You can be charged with delivery if you hand marijuana to another person, use another person to transport it, or just leave the weed at a specific location. It doesn’t matter whether or not there is an actual exchange of money to be charged delivery of marijuana or if it was offered as a gift.

What is the Punishment for Delivery of Marijuana in Collin County?

The punishment for delivery of marijuana in Collin County and Texas depends on the amount of the drug involved.

  • Delivery of Marijuana 1/4 ounce or less and does not receive payment: Class B misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.
  • Delivery of Marijuana 1/4 ounce or less and receives payment: Class A misdemeanor punishable by up to a year in jail and maximum $4,000 fine.
  • Delivery of Marijuana between 1/4 ounce and five pounds: State jail felony punishable by 6 months to two years in a state jail and a maximum $10,000 fine.
  • Delivery of Marijuana between 5 and 50 pounds: Second-degree felony punishable by two to 20 years in prison and a minimum $10,000 fine.
  • Delivery of Marijuana between 50 and 2000 pounds: First-degreee felony punishable by 5 years to life in prison and a maximum $10,000 fine.
  • Delivery of Marijuana 2000 pounds or more: First-degree felony punishable by ten years to life in prison and a maximum $100,000 fine.

Are THC concentrates or extracts treated the same as marijuana in Texas?

No. THC is the main psychoactive component in marijuana that gives users the “high” sensation. In Texas, THC concentrates or extracts, including edibles, wax, hash, or oils, are highly concentrated and treated much harsher than marijuana. Possession of any amount of THC is a felony offense in Texas.

  • Possession of THC Concentrate/Extract Less than One Gram: State jail felony punishable by 180 days to two years in a state jail and a maximum fine of $10,000.
  • Possession of THC Concentrate/Extract 1-4 Grams: Third-degree felony punishable by 2 to 10 years in prison and a maximum fine of $10,000.
  • Possession of THC Concentrate/Extract 4-400 Grams: Second-degree felony punishable by 2 to 20 years in prison and a maximum fine of $10,000.
  • Possession of THC Concentrate/Extract 400 Grams or More: First-degree felony punishable by five years to life in prison and a maximum fine of $50000.

To put it in layman’s terms, being arrested with a vape or edible is more serious than being caught with leaf marijuana, or a joint or blunt. Many marijuana users are not aware that possessing THC is a felony offense in Texas. Please take a minute to watch this video by Collin County marijuana lawyer Benson Varghese.

Does Collin County punish marijuana charges harshly?

The punishment for marijuana offenses in Collin County depends on the amount of the drug, as well as the age and criminal history of the defendant. Low-level offenses and first-time offenders may be eligible for a diversion program, which will allow your case to be dismissed and eligible for an expunction. Conversely, a repeat offender or someone caught with a large amount of marijuana could be facing substantial jail time.

If you have been arrested for any marijuana charge in Collin County, it is important to contact an experienced Collin marijuana lawyer who can explain your options, help you navigate the criminal justice system, and fight to keep your record clean.

Varghese Summersett is one of the top criminal defense firms in North Texas and has experience handling all types of drug cases, including marijuana offenses. We are here to help you through this difficult time

What are the Collateral Consequences of a Drug Conviction?

As far as arrests go, many people don’t think marijuana possession or a THC charge is a big deal. However, a drug conviction of any kind can have serious collateral consequences. A criminal record can make it challenging to get a job, housing, or a professional license. It is important to understand that a marijuana charge is not just a “ticket,” and you should never just plead guilty without talking to an attorney.

The best criminal defense lawyers don't let a single moment define your life.

What defenses could a Collin County marijuana lawyer raise?

A Collin County marijuana lawyer at our law firm will look at every aspect of your case to determine the best defense strategy. Some of the most common defenses we use in marijuana cases are:

  • Illegal stop or search– if the police did not have a legal reason to stop you or search your property, any evidence they find may be suppressed or thrown out.
  • Lack of knowledge– if the police find drugs in your car or home, you can’t be convicted unless the prosecutor can prove you knew the drugs were there.
  • Mistaken identity– if the police have the wrong person, we can work to get the charges dismissed.
  • Medical marijuana– if you have a valid medical marijuana card from another state, you may be able to use that as a defense in Texas.
  • Legal hemp – if the prosecutor can’t prove that the substance in question has a THC of at least .03 percent, then it’s legal hemp.

If you have been charged with a marijuana offense in Collin County, call Varghese Summersett today to discuss the circumstances surrounding your arrest and charge and possible defense strategies.

Contact an Experienced Collin County Marijuana Lawyer

If you have been charged with a marijuana offense in Collin County, it’s important to get experienced legal representation. The attorneys at Varghese Summersett have successfully defended countless clients against drug charges and will fight to get you the best possible outcome. Call (214) 903-4000 today for a free consultation with a Collin County marijuana lawyer.

Tough cases call for the toughest lawyers.

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