Marijuana Defense Attorney in League City, TX
While marijuana has largely been decriminalized in many states, that’s not the case in Texas. Marijuana is still very much illegal throughout Texas, and a conviction can cause irreparable damage to your life in ways you may not have considered. A criminal conviction of any kind in Texas can hurt your social standing, your job options, and even your personal relationships. You should contact a League City marijuana defense lawyer for help in building a solid case.
The legal team at The Law Offices of Tad Nelson & Associates understands how complicated and unfair the marijuana penalties can be in Texas. The help of a League City criminal defense attorney cannot be overstated here. The marijuana defense laws in Texas can be difficult to decipher on your own without a League City marijuana defense attorney by your side. Our firm knows the most effective and reliable ways to help you through this. We can help.
What to Do After a Marijuana Arrest?
If you are arrested for a crime involving marijuana in League City, your case will most likely be heard in the League City Municipal Court on West Walker Street. For a higher-level offense, your case will probably be handled in the Galveston County courts instead.
According to recent statistical data, there were 17,941 active cases pending in 2024 in Texas that involved marijuana possession. Marijuana crimes accounted for nearly 5% of all drug-related criminal sentences in Texas.
Being arrested for any crime can be a humiliating experience, especially if it happens in front of your family, friends, neighbors, or coworkers. When the handcuffs are put on your wrist, it can feel like you’ve already lost. It’s understandable to feel that way, but it simply isn’t true. An arrest is only the beginning of your case. You have the chance to build yourself a defense with the help of a criminal defense lawyer. Here’s what you should do after an arrest:
- First and foremost, remain silent. You never have to say a word to the police if you don’t want to, and it’s recommended that you don’t. The police may have less evidence against you than they’ve led you to believe. They may be counting on a confession to make their case. Simply refuse to answer their questions and ask for your lawyer. When they arrive, let them do the talking for you.
- Do not resist arrest. This could make things much worse for you and may result in additional charges and/or injury. When the cops first approach you, they may ask you to consent to a search. Do not consent. If they have a warrant or probable cause, they will search anyway. Probable cause in this instance could mean the smell of marijuana.
- Build a sound defense. Once you contact a defense lawyer, you need to start determining the nature of your defense as soon as possible. A drug possession conviction in Texas can have severe long-term consequences to your life, so you need to do whatever you can to avoid that outcome.
Possible Defense Strategies for Marijuana Crimes
There are numerous routes that your defense strategy can take when trying to defend yourself against marijuana crimes. You should let your lawyer take control of your case and guide your defense. They can prevent you from making any costly mistakes and make sure that all the legal paperwork is properly filed. Here are some possible defense strategies for marijuana crimes:
- Illegal search. Never forget that you are protected from illegal search and seizure by the Fourth Amendment of the Constitution. The police need either probable cause or a search warrant to search your home, vehicle, or person legally. If they lacked reasonable suspicion to search you, that might render all evidence discovered during that search inadmissible in court.
- Lack of intent. The goal of a prosecutor is to prove your guilt beyond a reasonable doubt, and a vital part of their case is proving intent. Without intent, they can’t prove that you meant to commit a crime and knew what you were doing. Your lawyer can prove that you had no idea marijuana was in your possession and that you never intended to commit a crime. This can be a solid strategy if the marijuana was found in a shared space.
- Marijuana vs. hemp. Since hemp was declared legal in Texas, being able to definitively prove that the substance in question is actually marijuana and not hemp may be enough to get the charges dropped. Hemp is defined as cannabis with less than 0.3% THC. If the prosecution cannot prove the alleged substance contains more THC than hemp, the substance may not be illegal marijuana at all.
- Medical necessity. This defense can be difficult, as medical marijuana is very restrictive in Texas. In certain rare cases, proving that the defendant was in severe, immediate need of medical relief and had no other option but marijuana may be enough of a defense to at least get the charges reduced, but not entirely dismissed. This defense is hard to pull off in Texas.
- Entrapment. This is another defense that can be difficult to claim in Texas. Entrapment occurs when the police essentially trick or coerce you into committing a crime that you otherwise would never have committed. Entrapment is often used by defendants who are caught as a result of an undercover sting operation. Proving it can be hard, but if you have evidence, you may want to move forward with this defense.
- Usable quantity. Texas state law prohibits the use of marijuana in a usable quantity. If your lawyer can successfully argue that the amount you were caught with is not enough to be consumed or smoked, that might be enough to at least get the charges against you reduced somewhat.
- Rights violations. Reading you your rights is a vital part of an arrest in the United States. If the arresting officer failed to inform you of your Miranda rights, any statements you made during the interrogation could be suppressed.
FAQs
How Much Marijuana Is a Felony Charge in Texas?
In Texas, possession of more than four ounces of marijuana is considered a felony. The severity of the penalties you could face depends largely on the amount of marijuana in your possession at the time of your arrest. If you are found with more than 2,000 pounds in your possession, you may face state drug trafficking charges and could spend decades in prison. If arrested, you should contact a criminal defense lawyer immediately.
Do First-Time Marijuana Offenders Go to Jail in Texas?
Yes, it’s possible for a first-time marijuana offender to go to jail in Texas, but there are never any guarantees. Depending on the severity of the offense, the court may choose to be lenient with a first-time offender. Instead of jail or prison time, they may be sentenced to probation, community service, or a pretrial diversion program. In many cases, the court may feel that drug education may be more rehabilitative than jail.
How Strict Are Marijuana Laws in Texas?
Marijuana laws in Texas are some of the strictest in the entire country. Recreational marijuana of any kind remains illegal throughout the state. Possession of any amount can lead to criminal charges. Even medical marijuana remains very limited. If you are arrested for any amount of marijuana in your possession, you could be looking at serious jail time, hefty fines, and more. Certain cities have decriminalized some misdemeanor charges, but there are no guarantees.
Should I Hire a Marijuana Defense Lawyer?
Yes, you should hire a marijuana defense lawyer. The biggest mistake you can make in a case like this is assuming that the court will be lenient simply because it’s just marijuana. Marijuana remains highly criminalized throughout Texas, and you will need a strong defense strategy if you want a chance at avoiding a conviction. A good lawyer can help you build a strategy, represent your interests, negotiate with prosecutors, and provide consistent advice.
Hire a Marijuana Defense Lawyer Today
If you are facing marijuana charges of any kind, the wisest move you can make is to hire a marijuana defense lawyer to take control of your case and guide you through the legal process. At The Law Offices of Tad Nelson & Associates, we know what kind of help you need.
Tad A. Nelson has over 30 years of experience with criminal defense cases and has even been recognized by Super Lawyers. He’s prepared to assist you with your case, as are his associates. Keep in mind that recognition is not a guarantee of future results; selection criteria vary by organization. Moving forward with your marijuana case without an experienced defense lawyer in your corner may just be asking for trouble. The last thing you want is to go up against seasoned prosecutors on your own with no knowledgeable legal support. You could end up facing the maximum penalty possible and even go to prison. Reach out to a team member at The Law Offices of Tad Nelson & Associates for help in determining your next steps.