The medical use of cannabis is legal in 36 states, four out of five permanently inhabited United States territories, and the District of Columbia while the recreational use of cannabis is legalized in 17 states, the District of Columbia, the Northern Mariana Islands, and Guam. Another 13 states and the U.S. Virgin Islands have decriminalized marijuana. Despite the progress made elsewhere in the nation on legalizing marijuana, Texas remains committed to prohibiting cannabis and people can face serious criminal penalties for possession of the drug in the state. Anybody accused of any kind of marijuana crime needs to understand that the risk of possible imprisonment and fines remains very real. Were you recently arrested in Parker County for an alleged marijuana crime? It will be critical for you to immediately seek the help of an experienced criminal defense lawyer. The Law Offices of Richard C. McConathy has spent decades defending people accused of all kinds of marijuana offenses in North Texas. You can have us sit down with you and dig into your case when you call (817) 458-3226 or contact our firm online to set up a free consultation.
Common Marijuana Offenses in Parker County
Under Texas Health and Safety Code § 481.002(27), marijuana (identified in the Health and Safety Code as “marihuana”) means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term does not include:
● the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
● the mature stalks of the plant or fiber produced from the stalks;
● oil or cake made from the seeds of the plant;
● a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
● the sterilized seeds of the plant that are incapable of beginning germination; or
● hemp, as that term is defined by Section 121.001, Agriculture Code.
The Texas Controlled Substances Act (Chapter 481 of the Texas Health and Safety Code) defines the criminal offenses and penalties associated with marijuana use. An individual can be charged with possession of marihuana under the Texas Health and Safety Code § 481.121 if they knowingly or intentionally possess a usable amount of marijuana.
Marijuana possession crimes are generally punishable as follows:
Less than 2 oz.
Class B Misdemeanor
Up to 180 days
Up to $2,000
More than 2 oz. but less than 4 oz.
Class A Misdemeanor
Up to one year
Up to $4,000
More than 4 oz. but less than 5lbs.
State Jail Felony
Up to two years
Up to $10,000
More than 5 lbs. but less with 50 lbs.
Up to 10 years
Up to $10,000
More than 50 lbs. but less than 2,000 lbs.
Up to 20 years
Up to $10,000
More than 2,000 lbs.
Up to 99 years or life
Up to $50,000
Under Texas Health and Safety Code § 481.121, an individual can be charged with marijuana cultivation if they cultivate or grow marijuana plants under Texas’ marijuana possession statute. The penalties for certain plant amounts are as follows:
● 2 ounces or less — Class B misdemeanor
● More than two ounces, but less than four ounces — Class A misdemeanor
● More than four ounces, but less than five pounds — State jail felony
● More than five pounds, but less than 50 pounds — Third-degree felony
● More than 50 pounds, but less than 2,000 pounds — Second-degree felony
● More than 2,000 pounds — Life felony
Any person who plants, cultivates or harvests marijuana or cannabis plants in Texas is subject to forfeiture of the plants and law enforcement will seize the plants under the Texas Health and Safety Code § 481.152. As defined in the Texas Health and Safety Code § 481.120, an individual can be charged with marijuana trafficking if they knowingly or intentionally actually or constructively transfer marijuana to another person in the following amounts:
● ¼ ounce or less without receiving payment (i.e. a gift) — Class B misdemeanor
● ¼ ounce or less with payment (i.e. sale) — Class A misdemeanor
● More than ¼ ounce, but less than five pounds — State jail felony
● More than five pounds, but less than 50 pounds — Felony of the second degree
● More than 50 pounds, but less than 2,000 pounds — Felony of the first degree
● More than 2,000 pounds — Life felony
An individual can be charged with marijuana distribution or delivery under the Texas Health and Safety Code § 481.120 if they knowingly or intentionally deliver marijuana. This offense is punishable as a Class B or A misdemeanor, state jail felony, second-degree felony, first-degree felony, or life felony depending on the amount of marijuana delivered and whether the alleged offender received payment for the marijuana. Under Texas Health and Safety Code § 481.122, an individual can be charged with delivery of marijuana to a child if they knowingly deliver, sell or distribute marijuana to a child or to an individual who is enrolled in a primary or secondary school. This offense is punishable as a felony of the second degree.
Marijuana Penalties in Weatherford
Statutory penalties for marijuana offenses are defined under Chapter 12 of the Texas Penal Code. Punishments may increase depending on the amount of marijuana, whether the alleged offender received payment for the offense, whether a child was present during the commission of the offense, whether the alleged offender has a previous criminal history, or whether the alleged offender used a weapon during the offense.
● A marijuana offense that is a Class B misdemeanor can result in a jail sentence up to 180 days and/or a fine up to $2,000
● A marijuana offense that is classified as a Class A misdemeanor can result in a jail sentence up to one year and/or a fine not more than $4,000.
● A state jail felony marijuana offense can result in a jail sentence from 180 days to two years and/or a fine up to $10,000.
● If the marijuana offense is a third-degree felony, the alleged offender can be sentenced to a prison sentence from two to ten years and/or up to a $10,000 fine.
● A second-degree felony marijuana offense can result in a prison sentence from two to 20 years and/or a fine not more than $10,000.
● A marijuana offense that is a first-degree felony can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine up to $10,000.
● A life felony can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine up to $50,000 while marijuana trafficking offenses that are life felonies can result in a prison sentence from ten years to 99 years or life imprisonment and/or a fine up to $100,000.
Medical Marijuana in Texas
In 2015, the 84th Texas Legislative Session enacted the Texas Compassionate Use Act (Senate Bill 339) requiring the Department of Public Safety create a secure registry of physicians treating intractable epilepsy patients with low-THC cannabis. In 2019, the 86th Texas Legislature expanded the program to include additional medical conditions and physician specialties for which low-THC cannabis may be prescribed. The Compassionate Use Registry of Texas (CURT) system has undergone the necessary modifications to allow additional physician specialty registrations and support patient prescriptions for these additional conditions (House Bill 3703). Qualifying conditions for the program include autism, amyotrophic lateral sclerosis (ALS), incurable neurodegenerative disorders, intractable epilepsy, multiple sclerosis, seizure disorders, and terminal cancer. Because doctors are required to “prescribe” rather than “recommend” or “certify” patients, very few physicians are willing to do so because prescribing a Schedule I substance On April 28, 2021, KXAN-TV reported that House Bill 1535 would include all forms of diagnosed post-traumatic stress disorder (PTSD), rather than for veterans with PTSD as it was initially introduced, and also raise the limit for tetrahydrocannabinol (THC) from 0.5 percent to 5 percent by weight.
Weatherford Marijuana Offenses Resources
National Organization for the Reform of Marijuana Laws (NORML) — NORML is a nonprofit organization that advocates for the reform of marijuana laws in the United States regarding both medical and non-medical use. Use this website to learn more about state laws, ways to take action, and recent news. You can also find information about drug testing, hemp, and marijuana research. Parker County Deputies Seize 100 Pounds Of Marijuana, Liquid THC During Traffic Stop — In December 2020, sheriff’s deputies searched a vehicle at the 397 mile marker of East Interstate 20, locating and seizing 107-sealed packages of marijuana and 21-vials of Tetrahydrocannabinol liquid. The alleged offender was charged with manufacturing delivery of a controlled substance and possession of marijuana under 2,000-pounds. His bond was set at $55,000.
Contact a Marijuana Offenses Lawyer in Parker County Today
If you were arrested for a marijuana crime in the Weatherford area, it will be important for you to not delay in seeking legal representation. The Law Offices of Richard C. McConathy is ready to answer your call. Our firm has extensive experience defending people against all kinds of marijuana charges. We will review your case when you call (817) 458-3226 or contact us online to take advantage of a free consultation.
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