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Possession of Marijuana

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Marijuana Defense Lawyer, Montgomery County, TX

If you get arrested or cited for Possession of Marijuana in Montgomery County, you are likely to face criminal charges that could change your life dramatically. It is essential to have an experienced Marijuana Defense Lawyer 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 significant change in marijuana laws in Texas and has been a platinum member of the National Organization for the Reform of Marijuana Laws and an advocate for the Marijuana Policy Project.

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.

Other penalties and consequences

Possession of Marijuana convictions can carry other penalties, such as preventing someone from obtaining a firearm’s license and automatic driver’s license suspension. Job applications, loans and financial aid are also in jeopardy to those who have been convicted of drug cases, including marijuana possession.

For possession of a vape pen containing THC, it is usually prosecuted as a felony in Montgomery County, Texas. Read more about Possession of THC here…

Many states and Washington, D.C., have legalized recreational Marijuana possession. In those states, Marijuana use and possession is still regulated, but people are not criminally nor civilly punished under state law.

Many other states have fully or partially decriminalized certain marijuana-related offenses. In these states, it is still illegal to use Marijuana recreationally, but prosecutors do not usually press criminal charges but sometimes pursue civil penalties, like fines or drug education programs.

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.

Voters for legalization of Marijuana

2021 University of Texas/Texas Tribune Poll found that 60% of Texas voters believe possession of small or large amounts of Marijuana should be legal for whatever purpose. The legislature did not change the law this year.  We will have to wait at least another 2 years to get relief from this archaic law.

Be aware that in Texas, marijuana laws are often applied discriminatorily.  According to a 2020 report by the American Civil Liberties Union, Black Texans were 2.6 times more likely to be arrested for Marijuana possession in 2018 than white Texans despite similar usage rates nationwide. In both 2018 and 2019, about 30% of those arrested for Marijuana possession in Texas were Black, despite the state population being 12% Black.