Caught With Marijuana? Here’s What You Need to Know About Texas Drug Laws
If you’re in Denton, Collin, or Tarrant Counties in North Texas and find yourself facing a situation where law enforcement finds marijuana in your possession, it can be overwhelming. You might feel nervous, unsure of what to say, or worried about what’s going to happen next. At GSB Law, PLLC, Attorney Gregory Scott Boling wants you to know your rights, understand what you might be facing, and learn how to protect your future. Whether this is your first encounter with the legal system or you’ve been in trouble before, having a knowledgeable criminal defense attorney on your side can make a big difference.
Understanding Marijuana Laws in Texas
Marijuana is still illegal under Texas state law, even though many states around the country have legalized or decriminalized it. Possession of marijuana in Texas is classified as a criminal offense, and the penalties can be severe depending on how much you have, your criminal history, and the circumstances of your arrest. These laws apply in Denton just like they do across the rest of Texas, and law enforcement officers often take these offenses seriously.
Small Amounts: What Happens if You Have Less Than Two Ounces
Possession of less than two ounces of marijuana is a Class B misdemeanor in Texas. If convicted, you could face up to 180 days in jail, a fine of up to $2,000, and the creation of a permanent criminal record. Even if it’s your first offense, the consequences can be long-lasting, affecting your ability to find work, rent housing, or qualify for student loans. In Denton County, there may be options like pretrial diversion programs or deferred adjudication for first-time offenders, but these options usually require the assistance of an attorney who knows how to negotiate with local prosecutors and navigate the court system.
Larger Amounts Carry More Serious Charges
As the amount of marijuana increases, so does the severity of the charge. Possessing between two and four ounces of marijuana is a Class A misdemeanor, which carries a maximum penalty of one year in jail and a fine of up to $4,000. If you’re caught with more than four ounces but less than five pounds, you could be charged with a state jail felony. That means a minimum of six months and up to two years in a state jail facility, along with additional fines. Beyond five pounds, marijuana possession becomes a felony that could land you in prison for several years.
It’s also important to know that even if you didn’t intend to sell or distribute the marijuana, law enforcement may argue otherwise based on how it was packaged, the presence of scales or baggies, or the total amount. This can lead to more serious charges and more complex legal issues.
What to Do If You’re Stopped by Police
If you’re stopped by police and they suspect you have marijuana, it’s critical to stay calm. Don’t argue or act aggressively. You are required to identify yourself, but you are not required to answer other questions. Politely assert your right to remain silent. You also do not have to consent to a search of your vehicle, home, or person unless the police have a warrant or probable cause. If law enforcement insists on conducting a search, do not physically resist. Just clearly state that you do not consent. One of the most important things you can do is ask for an attorney. You are not obligated to explain anything to the police, and in fact, doing so may only hurt your case.
Legal Defenses and How an Attorney Can Help
Every case is different, but some of the most common defenses that attorney Gregory Scott Boling explores include unlawful search and seizure, lack of probable cause, or mistaken identity. For example, if police searched your car without a valid legal reason, any evidence they found, including marijuana, may be thrown out in court. Another defense could be that the marijuana wasn’t actually yours, and you didn’t know it was in your vehicle or home. If police pulled you over without a legitimate reason or escalated the situation improperly, those actions may also open the door to a strong defense.
The sooner you involve an attorney, the better. An experienced criminal defense lawyer will review every detail of your case, identify legal weaknesses in the prosecution’s argument, and develop a strategy that protects your rights and your record.
What if You’re Already on Probation or Have a Criminal Record
If you are already on probation, even a minor drug charge could result in a probation violation. This could lead to your probation being revoked and a possible jail or prison sentence. If you’ve been previously convicted of another crime, another conviction, no matter how minor, can result in more severe penalties due to sentencing enhancements. A marijuana possession charge may also impact other areas of your life, such as employment, professional licensing, immigration status, or child custody matters. These are all important factors that your attorney will help you evaluate and prepare for in your defense strategy.
Why Choose Gregory Scott Boling at GSB Law, PLLC
If you’re facing a marijuana possession charge, you need a lawyer who not only knows the law but also understands how the courts and prosecutors operate in Denton, Collin, and Tarrant Counties. Gregory Scott Boling has handled criminal cases throughout North Texas and offers honest, practical advice along with an aggressive defense strategy. He takes the time to understand your situation and works with you to build a defense tailored to your needs and goals. At GSB Law, we don’t take a one-size-fits-all approach. We understand that people make mistakes, and we believe everyone deserves the chance to move forward with their lives.
What to Do Next
If you’ve been charged with marijuana possession, don’t wait to get legal help. Avoid speaking with police or prosecutors without your lawyer present. Write down everything you remember about the stop or arrest, and contact GSB Law, PLLC as soon as possible. We’ll review your case, explain your options, and help you take the next steps to protect your record and your future.
Contact GSB Law, PLLC Today
Located in Denton, Texas, GSB Law, PLLC offers experienced criminal defense services to clients across North Texas. If you’re facing a marijuana charge or any criminal offense, call our office today at (940) 220-7080 or visit www.gsb.law to schedule a confidential consultation.