Austin Marijuana Possession Lawyer

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Marijuana Possession Charges

Marijuana is the most widely used illegal drug in America. You can hardly attend an outdoor concert without detecting the smell, and there are no shortage of pot arrests in Austin. In Texas, possession of any "usable amount" is against the law. Most counties will arrest for any amount, but around Travis County, you might get a marijuana citation without being arrested. Either way, an Amarijuana possession lawyer"}" data-sheets-userformat="{"2":8705,"3":[null,0],"12":0,"16":10}">ustin marijuana possession lawyer at Hines & Holub will work to get your pot case dismissed, and in a way that leaves the door open for expunction later on. Keep in mind that you must "knowingly" or "intentionally" possess the marijuana to be guilty of a criminal possession charge. Penalties for marijuana possession in Texas are as follows:

Marijuana Possession

Under 2 oz.  -  Class B Misdemeanor (up to 6 mo. jail/$2k fine)

Between 2-4 oz.  -  Class A Misdemeanor (up to 1 yr. jail/ $4k fine)


4 oz. - 5 lb.  -  State Jail Felony (6mo-2yr. state jail/ up to $10k fine)

5lb. - 50 lb.  -  Third Degree Felony (2-10 yr. prison/up to $10k fine)

50 lb. - 2000 lb.  -  Second Degree Felony (2-20 yr. prison/up to $10k fine)

Over a ton  -  First Degree Felony (5-99 yr. prison/ up to $50k fine)

Marijuana Distribution Charges

A different and harsher set of penalties apply for distribution of marijuana. Texas doesn't penalize the "sale" but rather the transfer of marijuana to others, or "distribution".  The only distinction that a "sale" makes is in cases involving a quarter ounce or less of marijuana:  if you give it to another person, it's a class B misdemeanor, but if you receive money then it becomes a class A misdemeanor.  Distribution of anything more than a quarter ounce is a felony.  Penalties for marijuana distribution in Texas are as follows:

Marijuana Distribution

Up to 1/4 oz.  -  Class B Misdemeanor (up to 6 mo. jail/$2k fine)

Up to 1/4  oz. for money  -  Class A Misdemeanor (up to 1 yr. jail/ $4k fine)


1/4 oz. - 5 lb.  -  State Jail Felony (6mo-2yr. state jail/ up to $10k fine)

5lb. - 50 lb.  -  Second Degree Felony (2-20 yr. prison/up to $10k fine)

50 lb. - 2000 lb.  - First Degree Felony (5-99 yr. prison/up to $10k fine)

Over a ton  -  First Degree Felony (10-99 yr. prison/ up to $100k fine)

Austin Marijuana Possession Lawyer

Marijuana charges can have serious consequences that you may not have considered. A marijuana conviction on your record may result in loss of student loan benefits, suspension of driver's license, additional DPS surcharges on your license, loss of job or job opportunities, denial of apartment leases, inability to travel to some countries, suspension or denial of professional licenses, or school suspension or expulsion, just to name a few hardships.

If you or a friend have been hit with marijuana charges, getting an Austin marijuana possession lawyer involved as early as possible can have a marked effect on the outcome of the case. Whether the case was the result of a traffic stop or a search warrant, our experienced marijuana attorneys will examine each case thoroughly to protect the rights of every client. Our goal in every case is to return the client to the position he was in prior to the arrest. This means fighting for a dismissal, and dismissal in a way that preserves the client's right to later expunge the entire matter. Please give us a call to see how we can help with your Austin marijuana charge.

What You Can Expect From an Austin Marijuana Possession Lawyer

If you have never been arrested before, the entire process can feel overwhelming. Criminal law is complicated, and criminal court proceedings can be tense and confusing. We do everything we can to make the entire process go by smoothly, with as little time spent in the courthouse as possible. Given how significantly a criminal conviction can impact your life, having an experienced attorney on your side can give you peace of mind. That is exactly what you will get from an Austin marijuana possession lawyer at Hines & Holub. We are not in business to judge you, but to protect you and your future.

Examining Your Arrest

One of the first things we do as an Austin marijuana possession lawyer is to examine the circumstances surrounding your arrest or citation. For the officers to arrest you for drugs, they should have clear evidence that you are using or possessing them. The question is, how did they arrive at this evidence? If they found drugs on you, did they search you legally? Both the U.S. and Texas constitutions list out the rules for search and seizure, and violating them can be as easy as not having a valid traffic stop. If you were pulled over and your car was searched without your consent and without a warrant, that could be an illegal search that the court may toss out. This are just a few aspects of your case that we will investigate in order to ensure that your rights were not violated at any time.

Negotiating Can Be a Useful Tactic

While we are always prepared for suppression hearings and jury trials, we never hesitate to try and negotiate a favorable outcome for our clients. Sometimes the State has overwhelming evidence, and the goal is simply negotiating a solid felony case down to a misdemeanor or a deferred adjudication. In every case, our goal is to protect your future and that means limiting your exposure to things like jail time, felony convictions. and resolutions that cannot be cleared from your record. While we will work to prove your innocence, we make sure that you understand your options and the legal steps we can take to reduce your exposure. As always, you retain the final authority of whether to accept or reject any proposed agreement.


Call our on-call attorney now to discuss your case.

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