What is the crime for drug possession?

Marijuana rolled up

Drug possession and laws

US marijuana laws vary between federal and state, with each state having its own set of laws. There is much controversy between the Federal branch and the states what should be allowed legal if for medicinal or non-medicinal purposes. The punishment for marijuana charges differs between the Federal laws and from state to state too.  For the sake of this article, we’ll refer to Texas for state laws on marijuana criminal charges. 

So, Is drug possession a felony or misdemeanor? In Texas, the drug possession laws can be harsh, but the charges will depend on the type of drug and the amount possessed. There are 6 categories of penalties for controlled substance charges in Texas. The punishment for each penalty will vary with Penalty Group 1 having the most severe punishment and the least penalty for Group 4 carrying the least. When it comes to marijuana charges, there is a different set of punishments, which we will review.

What are some drug charges? 

In Texas, Penalty Group 1 drug charges would include, but not limited to codeine, heroin, methadone, morphine, and oxycodone. Charges for this group is considered a third-degree felony for one to four grams and a second-degree felony for four to two hundred grams.

What drugs are misdemeanors?

In Texas, the drug laws, the offenses, and the possible punishments are separated into six categories of penalties, with four drug classification. Marijuana charges are in a different group and the penalties vary for the four groups and for marijuana.

In Texas, the minimum charge for any drug possession will be listed as a “Class A” or “Class B” with possible one-year incarceration plus a fine not to exceed $4,000, all dependent upon the drug type. Possession of a Group 1 drug may be a misdemeanor with jail time of one to two years as determined by the judge.

Can misdemeanor drug charges be dropped?

Drug charges aren’t anything to take lightly, no matter where you live, even the lightest of any marijuana charges, can have an impact can certainly be everlasting. A not guilty finding or a deferred adjudication can still affect your life when it comes to buying a house, getting auto insurance, getting a job, child custody, and more.   

Is there a way to erase drug charges, including marijuana charges from your record? Fortunately, sometimes, having marijuana charges expunged is possible, with the right attorney representing you. For example, if there wasn’t a conviction or a formal prosecution against you, under Texas law, your arrest record for drug charges can permanently be expunged. The results being that any information about the arrest, charges, or a conviction is to be removed.

Can marijuana charges be expunged? Because marijuana laws are different, with medical marijuana being legalized up to certain amounts, and are handled differently than other drug charges, this has become a popular question.

When you’ve been arrested and faced with marijuana charges, or any drug, the first thing you should do is hire an experienced attorney. They will have the knowledge of all that is happening and what is forthcoming for your legal rights.

Having a clean criminal record can make a huge difference in how the rest of your life goes. As we mentioned already, with an arrest record, you’ll have trouble buying or renting a house, auto insurance, winning child custody, and even getting a job.  That is why it is important to hire an attorney and take the time to learn from them the best way to deal with these marijuana charges and if there is any possibility of having this arrest expunged from your criminal record.

It is possible to have marijuana charges expunged, but there are specifics that will determine the exacts of this situation. Under Texas law, some criminal convictions are non-disclosed, and expunging is not possible. Again, this is where an experienced criminal attorney can be your best source of help. Reasons, why a judge may agree to marijuana charges be expunged, include the following:

  • Accused was acquitted
  • Indictment failed.
  • The individual was pardoned.
  • The indictment was dismissed in court.
  • An appellate court ordered an acquittal.
  • The defendant entered a diversion program before going to trial.
Drug charges arrest

How many years can you go to jail for drug possession?

As we stated earlier, it depends on the type of drug and the amount of the drug. For instance, in Texas, the possession of cocaine less than one gram, you could face six months to two years in a state jail. A first-time offense could be placed on probation instead of a jail sentencing. 

Even with the widespread support by the public to have marijuana legalized in Texas, it is still an illegal substance and possession faces harsh punishment. The marijuana charges for possession of fewer than two ounces is a Class B misdemeanor and faces punishment in the county jail for 180 days and a possible fine of $2,000 maximum. Additional two-year probation of community supervision.

Drug charges are not something to be taken lightly, even though it is considered by many not to be a drug, you should not take marijuana charges light either. Hiring an experienced attorney is the best thing you can once you’re arrested. Trying to work through the legal system on your own can end up making it worse. 

Need help with marijuana charges in Weslaco, TX? Call 956-316-2245 today!