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Possession of a Controlled Substance

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Possession of THC

ANY amount of a concentrate of THC is a Felony in Texas!

If you get arrested or cited for Possession of THC in Conroe or Montgomery County, chances are you will face severe criminal charges that change your life dramatically. It is essential to have a Criminal Defense Lawyer experienced in defense of THC related crimes at your side.

Gilbert G. Garcia is a Board-Certified Criminal Defense Attorney with more than 35 years successfully defending clients in Texas. For years, he has been fighting for the change of marijuana laws in Texas and is a platinum member of the National Organization for the Reform of Marijuana Laws and Marijuana Policy Project.

THC: Any amount, at any weight, usually charged as a Felony

Possession of any amount of THC concentrate is usually charged as a felony Montgomery County, Texas. As little as 1/10 of a gram of a THC concentrate, oils or edibles will usually be treated as a felony. It does not matter where a person obtained the Marijuana or THC concentrates, even if they were purchased legally in another state, you could face very serious consequences in Texas for possession of such substances.

Trial dismissals in Harris and Travis County

Many Texas counties, like Harris and Travis County, have lenient policies toward marijuana cases, examples range from reducing charges to a ticket-able offense, Pre-trial Diversion programs to outright dismissals.

Aggressive prosecution in Montgomery County

The Montgomery County, Texas District Attorney continues to aggressively prosecute Marijuana cases.  Local prosecutors are reluctant to shed their tough-on-crime image, which is very popular among voting Texas conservatives, many of whom reside in Montgomery County.

The DA in Montgomery County went so far as being critical of his more urban District Attorney peers that were/are dismissing Marijuana cases.  He backs up his rhetoric with aggressive prosecution and authorizes the prosecution of a large volume of these type cases.

New misdemeanor drug cases in Texas

After hitting a peak in 2017, the number of new misdemeanor drug cases filed decreased slightly in 2018 then declined 14 percent in 2019, largely due to a decline in the prosecution of marijuana cases beginning late in the fiscal year. Filings declined by almost half (48 percent) in 2020 due to continued decline in the prosecution of marijuana cases as well as an overall steep decrease in filed misdemeanor cases due to the coronavirus pandemic.  In 2020, the most significant declines in Texas misdemeanor cases occurred in Marijuana possession resulting in a 59% decrease in filings in the last 5 years.

In Montgomery County, Texas,  34 Misdemeanor Possession of Marijuana cases were filed in the 1st week of July, 2021.  Do the math, that means in 2021, Montgomery County is likely to file over 1700 cases just for Misdemeanor Possession of Marijuana.   That number does not include felony possession of THC,  which would only add to that amount.

Potential Consequences of any Marijuana Conviction

If you are convicted of a drug offense (including possession of as little as 1 marijuana joint):

  • The State of Texas is authorized and usually will suspend your driver’s license for six months.
  • Those possessing a commercial driver’s license could lose their license indefinitely.
  • If you drive for a living, a bus driver, big rig driver, or a heavy equipment operator, you may lose your job.
  • If you drive to get to work, you could lose your job because your license is suspended or you will be forced to get an occupational license, which is expensive.

Background Checks

Potential employers may not consider you when they see a drug case on your record.

A simple possession of marijuana charge could result job loss and you may not able to find a new one.

Additional consequences could include, but are not limited to:

  1. Inability to obtain a passport
  2. Denial of loans or any government assistance, like school loans, car loans, personal loans, business loans, like welfare or possibly even unemployment.
  3. Expulsion from school with the loss of all federal financial aid
  4. Deportation or denial of naturalization. If you are not a citizen of the United States, a drug conviction could expose you to being deported or denial of Naturalization.

If you are a permanent resident, a drug case could prevent you from being able to renew your green card when your current card expires, which could result in permanent expulsion.