Marijuana Possession Lawyer in McLennan County

Despite decriminalization of marijuana laws throughout the nation, Texas has not joined in this movement. If you are arrested for marijuana possession in Waco you can still face serious penalties. Under Texas law, possession of any quantity of marijuana is a criminal offense within the state.

Marijuana possession is at least a misdemeanor criminal charge under Texas law. Many people mistakenly believe that marijuana (also known as cannabis, weed, pot, or marihuana) will not be treated as harshly as other drug possession offenses. However, if you are arrested for marijuana possession in McLennan County, you could face very serious penalties. Our Waco criminal defense attorneys have handled many marijuana cases.

Marijuana Possession Attorney Waco

Marijuana is in its own category in the Texas Health and Safety Code. Marijuana possession law and, for the purposes of marijuana possession, is defined as any “Cannabis sativa” plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.

Our drug defense law firm represents defendants accused of marijuana related offenses in Waco and McLennan County including:

  • Possession of Marijuana
  • Trafficking in Marijuana
  • Possession of Marijuana Paraphernalia
  • Misdemeanor Marijuana Possession
  • Felony Marijuana Possession
  • Cultivation of Marijuana / Grow Houses
  • Sale or Distribution of Marijuana

Texas Marijuana Possession – Laws & Penalties

As of July 10, 2019, the McLennan County District Attorney said that it would not prosecute cases of misdemeanor marijuana possession until a test could be conducted to prove that the THC content violated state law.

Marijuana possession laws are classified according to the amount of marijuana as follows:
2 ounces or less
Class B misdemeanor
Not more than 180 days in a county jail and/or a fine of not more than $2,000

More than 2 ounces, but less than 4 ounces
Class A misdemeanor
Not more than 1 year in a county jail and/or a fine of not more than $4,000

More than 4 ounces, but less than 5 pounds
State jail felony
180 days to 2 years in a state jail and/or a fine of not more than $10,000

More than 5 pounds, but less than 50 pounds
Third-degree felony
2 to 10 years in a state prison and/or a fine of not more than $10,000

More than 50 pounds, but less than 2,000
Second-degree felony
2 to 20 years in a state prison and/or a fine of not more than $10,000

More than 2,000 pounds
Enhanced first-degree felony
5 to 99 years and a fine of not more than $50,000

You can also be sentenced to a suspended driver’s license for up to six months following a conviction on any violation of the Texas Controlled Substances Act, including marijuana.

Common Defenses for Possession of Marijuana Charges in McLennan County

An arrest for a marijuana possession in Waco does not mean you are guilty. There are many defenses that your attorney may explore to help have your case dismissed or reduced to a lesser offense, including:

  • Illegal search
  • Lack of evidence
  • Lack of intent
  • Failure of the arresting officer to read your Miranda rights
  • Entrapment
  • Mistaken identity
  • Valid alibi
  • And other constitutional violations

Frequently Asked Questions

We understand that you are probably anxious about your marijuana case in Waco. That’s why we have put together a series of frequently asked questions about criminal process.

Waco Marijuana Criminal Defense Attorneys

An experienced criminal defense attorney is necessary to fight these charges and help a person avoid the harsh penalties associated with these charges. A Waco marijuana possession defense attorney can help the McLennan County defendant with critical information about the local judge, jury and prosecutors. We have the local understanding required. Waco marijuana possession defense lawyers at our firm strongly believe in fighting cases like these. If you need an aggressive criminal defense attorney in Waco, call us at 254-753-6437.