A person commits an offense of possession of marijuana if a person knowingly or intelligently possesses a usable quantity of marijuana. Possession of marijuana is different than possession of THC concentrate (e.g., THC oil, wax, shatter, amber, honeycomb, budder, dabs, etc.); see Possession of THC Concentrate for more information.
A common misunderstanding is that an individual caught in possession of a small amount of marijuana receives a charge as severe as a speeding ticket, but this is not true. Legislation, enacted in September, 2007, gives an officer the option to “cite and release” instead of arresting for possession of marijuana; additionally, the individual must live in the county where the offense is committed and the amount of marijuana cannot be over 4 ounces. While an individual might be cited and released which seems like only a ticket being issued, the punishment for this citation is still more severe than a common speeding ticket. The punishment for possession of marijuana is determined by the quantity:
Additionally, upon final conviction of drug offenses, a person’s driver’s license is automatically suspended for 180 days by the Texas Department of Public Safety. TxDPS also requires a drug education program that must be completed within the 180 day suspension. A person must also pay a reinstatement fee of $100, along with any other outstanding fees owed. Lastly, a person must also maintain a Financial Responsibility Insurance Certificate (SR 22) for two years from the date of conviction.
If you have received a citation for possession of marijuana, a police officer claims that you knowingly or intelligently possessed a usable quantity of marijuana. The offense of possession of marijuana can be broken into three primary elements that a prosecutor will have to prove beyond a reasonable doubt:
The exact language of this law, further details, and additional punishment concerns can be found in section 481.121 of the Texas Health & Safety Code. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.
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