Possession of Marijuana

What is Possession of Marijuana in Texas?
While many states across the country are changing their  policies and laws regarding Possession of Marijuana, Texas is NOT! It is still a crime in Texas to possess ANY amount of Marijuana for ANY reason. Medical Marijuana is NOT legal in the state of Texas.
Possession of Marijuana is committed if a person knowingly or intentionally possess a usable quantity of marijuana. The amount of marijuana will dictate the type of charge and the level of the charge.
The Gilbert G. Garcia Law Firm has a unique approach to addressing a Possession of Marijuana charge in Texas. In fact, if you are arrested in ANY Texas County, The Gilbert G. Garcia Law Firm can help. Contact us today to discuss your case and our strategies specifically designed for this type of case. DO NOT PLEAD GUILTY! Fight your Possession of Marijuana case and achieve the best possible outcome.
Gilbert Garcia is a Lifetime Member of the Houston NORML Chapter and a Member of the National NORM organization. Gilbert participates in the NORML Legal Committee and many local and state activities, meetings and events.  For more information about the changing Marijuana Laws, you can also read Gilbert Garcia's Texas Possession of Marijuana Blog.

Will the Charge Be a Misdemeanor or a Felony?

Possession of Marijuana Penalties are based on the amount of usable marijuana as follows:

  • 2 ounces or less: Class "B" Misdemeanor
  • 2 - 4 ounces: Class "A" Misdemeanor
  • 4 ounces - 5 pounds: State Jail Felony
  • 5 Pounds to fifty pounds: Third Degree Felony
  • 50 pounds to 2,000 pounds: Second Degree Felony
  • 2,000 pounds plus: First Degree Felony
Will I Go To Jail?

Everyone arrested for Possession of Marijuana stands a good chance of going to jail at the time of arrest. However, in some cases, a person may be released on the scene if it is a small  quantity in possession, called a Class "C" misdemeanor possession of drug paraphernalia. Once the case is disposed of at a later date, a jail sentence is a possibility depending on the facts in the case.

Each case is different and many factors are involved concerning what may happen; however, for a typical first time misdemeanor Possession of Marijuana, a jail sentence is not the normal outcome.

Other Consequences of a Drug Conviction:
If you are getting any type of Federal Assistance, a drug case can have negative consequences on maintaining this assistance. If you are receiving Federal assistance to attend college or a trade school, a drug convictions could even forfeit all student aide or cause you to lose a scholarship to attend college.
A drug conviction will show up on your criminal background and could cause problems obtaining credit, housing, a job or restrict volunteer activities.

And believe it or not - You May be Required to Pay Taxes on the Marijuana you possessed. The Texas Tax Code also outlines potential civil penalties for a POM conviction. Although the statute is not often used in minor possession cases, the code requires taxes to be paid on illegal drugs, so that “dealers” can be charged with tax evasion.

Your Personal Property Could be Seized! The Code of Criminal Procedure also allows police to seize any property used or “intended to be used” in the commission of a drug crime. That means that in a separate case, the District Attorney's Office can seize your money, car, home, or any other belongings that the police believe may have been used  to transport or hide drugs or that may be considered profits from the sale of drugs. The asset forfeiture law is a civil case, not a criminal case. Be aware - a conviction in your criminal case is not necessary for the the state to take your property.

May I Lose My Driver License?

If your case is not dismissed or you do not obtain deferred adjudication probation, you will lose your license for 180 days if you are over 21. If you are under 21, you may lose your license for one year.

Drug or Controlled Substance Offenses and the Texas DPS penalties: 

Individuals who are convicted of a drug or controlled substance offense will face the following penalties:

  • Will have their driver license suspended for 180 days, and
  • Are required to complete a 15-hour class in an authorized Drug Education Program for each conviction. (Online courses will not be accepted for this requirement)
Individuals who do not have a driver license at the time of the offense will be denied the issuance of a driver license for 180 days. The 180 days for the denial of issuance, also known as an Order of Prohibition, starts when the individual contacts the Texas Department of Public Safety (DPS) and completes the appropriate form.This form is NOT available online, you must go to a local DPS Office and pick one up in person.

If I Lose My License Can I Obtain an Occupational License?

Yes. You may be able to obtain an Occupational Drivers License that will allow you to drive for twelve hours per day during the time of your Driver's License suspension.

Local Requirements for Obtaining an Occupational License:

PROGRAM NAMELENGTH OF SUSPENSIONNUMBER OF MEETINGSMEETING TIMEAMOUNT CHARGED
Mental Health Resource Center
 (2 Locations, Conroe and New Caney) 936-494-4358
3 Months


6 Months or One year

Two Years

Once weekly for first 4 weeks

Once weekly for first 18 weeks

Once weekly for first 24 weeks


Tues. and Thurs. 6:00, 6:45, and 7:30 P.M.

Sat. 8:00 A.M. and, 9:00 A.M.

For all classes: Group $10.00 per meeting
Individual $50.00 per meeting
Conroe Alcohol/Drug Services S.Frazier St.,Conroe         936-539-45583 Months

6 Months or One year

Two years

Once weekly for first 4 weeks

Once weekly for first 18 weeks

Once weekly for first 24 weeks


Weds. 6:00 P.M.


 Sat. 8:00 A.M.

Group $10.00 per meeting
Forensic Psychological Services N.Thompson, Conroe              936-539-22263 Months

6 Months or One year

Two years

Once weekly for first 4 weeks

Once weekly for first 18 weeks

Once weekly for first 24 weeks


Weds. 9:00 A.M., 5:30 P.M.

Thurs. 6:00 P.M.

Sat. 9:00 A.M.


Group $25.00 per meeting

Driver License Reinstatement Requirements:

Prior to the renewal or issuance of a driver license, the defendant must:

  1. Pay the required reinstatement fee and
  2. Obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company then submit to DPS (an SR-22 must be maintained for two years from the date of conviction), and
  3. Submit to DPS the certificate of completion for the required Drug Education Program. To find the program that is right for you, click here for a list of agencies. Then you must contact that agency directly and register for the class.
To check your driver eligibility with Texas DPS, click here.

Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.

Free initial consultations and reasonable fees.  Personal payments plans available and most major credit cards accepted.  Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.

Conveniently located on the Montgomery County Courthouse square since 1983.

For more information on Possession of Marijuana Contact Gilbert Garcia today at 936-756-3333.

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