Possession of Marijuana Defense (Denton County)

Yes, you can still face serious criminal charges for marijuana possession in Denton County. Despite changing attitudes toward cannabis in other states, Texas continues to treat marijuana as a controlled substance with criminal penalties that can follow you for life. The good news is that many marijuana cases can be reduced, dismissed, or resolved through diversion programs with the right defense strategy.

At Varghese Summersett, we have secured more than 1,600 dismissals and 800 charge reductions across Texas. Our Denton County drug lawyers understand how local prosecutors and judges handle marijuana cases and can develop a defense strategy tailored to your specific situation.

What Questions Do People Have About Marijuana Charges in Denton County?

When someone is arrested for marijuana in Denton County, they typically want to know how much trouble they’re in and what their options are. Will this go on my permanent record? Can I avoid jail? Will I lose my driver’s license? The answers depend on the amount of marijuana involved, your prior criminal history, and the skill of your defense attorney.

First-time offenders often have more options than they realize. Denton County offers certain diversion opportunities that may allow eligible defendants to complete a program and have charges dismissed. We’ve helped many clients avoid a permanent drug conviction through strategic use of these programs, deferred adjudication, and aggressive defense work.

What Is Marijuana Possession Under Texas Law?

Under Texas Health and Safety Code § 481.121, it is illegal to knowingly or intentionally possess a usable quantity of marijuana. Texas classifies marijuana as a Schedule I controlled substance, which means the state considers it to have no accepted medical use and a high potential for abuse.

For prosecutors to convict you, they must prove two elements beyond a reasonable doubt. First, that you knew the substance was marijuana. Second, that you exercised actual care, custody, control, or management over the marijuana. Simply being near marijuana or being in a car where marijuana is found does not automatically make you guilty of possession.

Texas law also prohibits the delivery or sale of marijuana under Texas Health and Safety Code § 481.120. Delivery charges carry more severe penalties than simple possession, and even giving marijuana to a friend without payment can be charged as delivery if there’s any form of exchange involved.

If you’re confused about whether products containing Delta-8 THC or similar compounds are legal, you’re not alone. The legal status of these products remains in flux in Texas, and some people have been arrested for possessing what they believed were legal hemp products. An experienced lawyer can help sort through these complicated issues.

Penalties for Marijuana Possession in Denton County

Texas penalties for marijuana possession are based primarily on the weight of the marijuana. Here’s what you could be facing:

• Less than 2 ounces: Class B misdemeanor, up to 180 days in jail, up to $2,000 fine
• 2 to 4 ounces: Class A misdemeanor, up to 1 year in jail, up to $4,000 fine
• 4 ounces to 5 pounds: State jail felony, 180 days to 2 years in state jail, up to $10,000 fine
• 5 to 50 pounds: Third-degree felony, 2 to 10 years in prison, up to $10,000 fine
• 50 to 2,000 pounds: Second-degree felony, 2 to 20 years in prison, up to $10,000 fine
• More than 2,000 pounds: Enhanced first-degree felony, 5 to 99 years in prison, up to $50,000 fine

Delivery or sale of marijuana carries even harsher penalties, with sentence enhancements if the offense occurs in a drug-free zone near a school, playground, or youth center.

Beyond the criminal penalties, a marijuana conviction can result in driver’s license suspension, loss of federal financial aid for college, difficulty finding employment, and problems with professional licensing. A felony conviction can also affect your right to own firearms and your eligibility for certain housing. If you want a chance at getting your drug possession charge dropped, you need to act quickly and hire an experienced attorney.

Bond Amounts for Marijuana Charges in Denton County

If you’re arrested for marijuana possession in Denton County, understanding what bond to expect can help you plan. In our analysis of bond data from over 12,900 Denton County cases, we found the following patterns for marijuana offenses:

For possession of less than 2 ounces under Texas Health and Safety Code § 481.121(b)(1), the most common bond set was $500, though the average was around $1,035. This offense accounted for 224 bonds in our dataset. For possession of 2 to 4 ounces, bonds averaged around $1,667, with $500 being a common amount.

When the amount crosses into felony territory (4 ounces to 5 pounds), bonds increase substantially. The most common bond for this range was $5,000, with averages around $4,933. For larger amounts between 5 and 50 pounds, typical bonds were $5,000 with averages reaching $10,000. The most serious possession cases involving 50 to 2,000 pounds saw average bonds around $21,875, with $10,000 being a common starting point.

Delivery charges carry higher bonds than simple possession. Delivery of marijuana in the 1/4 ounce to 5 pound range typically sees bonds around $5,000, with averages of $9,375. Larger-scale delivery operations face bonds of $25,000 or more.

Several factors can affect your bond amount, including your criminal history, ties to the community, employment status, and whether you’re considered a flight risk. Our attorneys can advocate for a reasonable bond at your initial hearing. If you have questions about the bonding process or need information about the Denton County Jail, we can help guide you through the process.

Common Defenses in Marijuana Cases

Prosecutors must prove every element of a marijuana case beyond a reasonable doubt, and experienced defense attorneys know how to challenge their evidence at every turn.

Illegal search and seizure is one of the most effective defenses. The Fourth Amendment protects you from unreasonable searches, and if police violated your rights when finding the marijuana, the evidence may be suppressed. This means it cannot be used against you, often resulting in dismissed charges. Common search issues include traffic stops without reasonable suspicion, searches without probable cause or a warrant, improper consent searches, and exceeding the scope of a search warrant.

Lack of possession is another strong defense. Remember, prosecutors must prove you had actual care, custody, control, or management over the marijuana. If marijuana was found in a shared space, like a car with multiple occupants or a house with roommates, the state may struggle to prove you possessed it rather than someone else.

Chain of custody problems can also undermine the prosecution’s case. The state must show that the substance tested is the same substance found in your possession. Gaps in documentation or handling procedures can create reasonable doubt.

Lab testing issues occasionally arise as well. The state must prove the substance was actually marijuana. With the legalization of hemp containing less than 0.3% THC, crime labs now need to distinguish between legal hemp and illegal marijuana, and not all labs have the capability to do so accurately.

Are you worried about your case? Talk to a lawyer before you speak to police. Call (940) 252-2220 for a free consultation.

The Criminal Court Process in Denton County

Understanding what happens after an arrest can reduce anxiety and help you make better decisions about your case.

After your arrest, you’ll be booked into the Denton County Jail and have a magistrate hearing where bond is set. Once you post bond, you’ll be released with a future court date.

Your first court appearance is typically an arraignment, where you’ll enter a plea. For misdemeanor cases, this occurs in one of Denton County’s County Courts at Law. Felony marijuana charges are handled in the District Courts.

During the pretrial phase, your attorney will review the evidence through discovery, file any necessary motions to suppress evidence, and negotiate with prosecutors. Many cases are resolved during this phase through plea agreements, diversion programs, or dismissals.

If your case doesn’t settle, it proceeds to trial. You have the right to a jury trial, where prosecutors must prove their case beyond a reasonable doubt. Our trial attorneys have the courtroom experience to present a compelling defense when negotiations fail.

For first-time offenders, the Drug Offender Education Program may be an option that allows you to complete certain requirements in exchange for having charges dismissed or reduced. We can advise whether you qualify and whether this is the best path for your situation.

Proven Results in Drug Cases

Our track record speaks for itself. We’ve secured dismissals for dozens of marijuana possession cases throughout Texas. Our historical case data includes over 40 marijuana possession dismissals where charges were either dropped, no-billed by the grand jury, or barred from prosecution.

In one representative case, our client was charged with possession of marijuana under 2 ounces after a traffic stop. We identified problems with the initial stop and filed a motion to suppress the evidence. The case was dismissed.

Past results do not guarantee future outcomes, but they do demonstrate our commitment to fighting for every client.

What to Expect From Varghese Summersett

When you hire Varghese Summersett for your Denton County marijuana case, you’re getting a team with deep experience in drug defense. Our firm includes four attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 7% of Texas attorneys who practice criminal law. We also have six former prosecutors on staff who understand how the other side builds cases.

From your first consultation, we’ll explain your options honestly. We don’t make promises we can’t keep, but we do promise to fight relentlessly for the best possible outcome. That might mean negotiating for a dismissal or reduction, pursuing a diversion program, challenging the evidence through pretrial motions, or taking your case to trial.

You’ll have direct access to your attorney and our team throughout your case. We understand how stressful criminal charges can be, and we keep you informed every step of the way.

Protect your rights and your record. Schedule a free consultation by calling (940) 252-2220.

Frequently Asked Questions About Marijuana Charges in Denton County

Can I get my marijuana charge dismissed in Denton County?

Yes, many marijuana cases can be dismissed through successful pretrial motions, diversion programs, or negotiation with prosecutors. Your chances depend on the facts of your case, the strength of the evidence, and whether you have prior convictions. An experienced marijuana defense attorney can evaluate your case and identify the best path forward.

Will I go to jail for a first-time marijuana possession charge?

Most first-time offenders charged with possession of less than 2 ounces do not serve jail time. However, jail is possible under the law, which is why having an attorney matters. We work to keep our clients out of jail through bond reduction, negotiated pleas, and alternative sentencing options.

Is marijuana decriminalized in Denton County?

No. While some Texas cities have passed local measures reducing enforcement of small marijuana possession, Denton County still prosecutes marijuana cases under state law. Do not assume you won’t be charged based on what you’ve heard about other jurisdictions.

How long will a marijuana charge stay on my record?

Without intervention, a marijuana conviction remains on your criminal record permanently. However, certain outcomes like dismissals, acquittals, or successful completion of deferred adjudication may make you eligible for expunction or nondisclosure. This can effectively seal your record from public view.

What if the marijuana wasn’t mine?

This is a common defense, especially in cases involving vehicles or shared living spaces. Prosecutors must prove you had knowledge of and control over the marijuana. If they cannot link the drugs specifically to you, the case may be dismissed or you may be found not guilty at trial.

Get Help With Your Denton County Marijuana Case Today

A marijuana charge doesn’t have to define your future. With more than 70 team members across four Texas offices, Varghese Summersett has the resources and experience to fight for you. Our track record of 1,600+ dismissals and 800+ charge reductions shows what’s possible when you have the right defense team on your side.

Don’t wait to get legal help. Evidence can deteriorate, witnesses’ memories fade, and critical deadlines can pass. The sooner you contact us, the sooner we can start building your defense.

Call (940) 252-2220 today for a free consultation with a Denton County marijuana lawyer who will fight for you.