Marijuana Defense Attorney in Friendswood, TX
A marijuana charge can feel overwhelming, but it does not need to define your future. If you or someone you love has been charged with marijuana possession or distribution, you need an experienced Friendswood marijuana defense lawyer.
Penalties for Marijuana Crimes in Texas
Unlike several other states that have moved to decriminalize or legalize recreational marijuana, Texas continues to treat possession of any amount of cannabis as a criminal offense. In 2024, 26,600 people were arrested in Texas on marijuana possession charges. Even a small amount can result in an arrest, a criminal record, and lasting consequences to your employment, housing, and reputation. A Friendswood criminal defense lawyer can explain potential penalties for your case.
The penalties for marijuana in Texas are:
Misdemeanor possession:
- 2 oz or less: Charge: Class B Misdemeanor
- Penalty: Up to 180 days in jail and a $2,000 fine
- 2–4 oz: Charge: Class A Misdemeanor
- Penalty: Up to 1 year in jail and a $4,000 fine
Felony possession:
- 4 oz – 5 lbs.: Charge: State Jail Felony
- Penalty: 180 days to 2 years in jail and a $10,000 fine
- 5–50 lbs.: Charge: Third-Degree Felony
- Penalty: 2–10 years in prison and a $10,000 fine
- 50–2,000 lbs.: Charge: Second-Degree Felony
- Penalty: 2–20 years in prison and a $10,000 fine
- More than 2,000 lbs.: Charge: First-Degree Felony
- Penalty: Life imprisonment
Beyond jail time and fines, a marijuana conviction (even for a misdemeanor) can show up on background checks and affect professional licensing and employment opportunities, housing, child custody, social life, and more. That is why it is critical to take these charges seriously and act quickly.
Friendswood and Dual-County Jurisdiction
One factor that makes marijuana arrests in Friendswood particularly complex is the city’s geographic location. Friendswood sits across both Galveston County and Harris County. Depending on exactly where your arrest occurred, your case may be handled by Galveston County prosecutors and courts, or by those in Harris County.
The dual-county jurisdiction means that your defense strategy may differ significantly based on which court system is handling your case. The Galveston County District Attorney’s office and the Harris County District Attorney’s office each have their own prosecutorial policies, diversion programs, and tendencies when it comes to marijuana cases.
At The Law Offices of Tad Nelson & Associates, our firm has experience working in both jurisdictions and knows how to navigate each system to your advantage.
Defense Strategies Used in Marijuana Charges
Every marijuana case is different, and the right defense depends on the specific facts and circumstances surrounding your arrest. At The Law Offices of Tad Nelson & Associates, we can approach every case individually and pursue every viable legal avenue on your behalf. Common defenses we explore include:
Unlawful Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement stops you without legal justification, searches your vehicle without consent or a warrant, or otherwise violates your constitutional rights during the investigation, we may be able to file a motion to suppress that evidence. Evidence obtained illegally is generally not admissible in court, which can lead to a dismissal of charges.
Chain of Custody Issues
After marijuana is seized as evidence, police are required to maintain a strict, documented chain of custody. This is a detailed record of everyone who handled the evidence and when. Any break in this chain raises serious doubts about the integrity of the evidence.
Lack of Possession of Knowledge
Texas law requires the prosecution to prove that you knowingly possessed the marijuana in question. If the substance was found in a shared space (such as a vehicle with multiple occupants or a shared residence), you may have a strong argument that the marijuana was not yours, or that you had no knowledge of its presence.
Texas Compassionate Use Program
Texas has a limited medical cannabis program for patients with certain qualifying conditions. If you hold a valid prescription or are an authorized patient under the Compassionate Use Program, this may serve as a complete defense to a possession charge.
About The Law Offices of Tad Nelson & Associates
Established by Texas native Tad Nelson, The Law Offices of Tad Nelson & Associates offer high-level legal advocacy for clients throughout Galveston County and the Greater Houston area. The firm works in both criminal defense and family law.
The firm’s philosophy is rooted in the commitment to ethical service and professional integrity. Drawing on Mr. Nelson’s previous experience as an Assistant District Attorney, the legal team crafts personalized strategies for each client.
FAQs
Q: What Are the Penalties for Marijuana Possession in Texas?
A: In Texas, marijuana possession is a criminal offense withpenalties scaled by weight. Possessing two ounces or less is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. A Class A misdemeanor comes from between two and four ounces, with up to one year in jail and a $4,000 fine.
Amounts exceeding four ounces are prosecuted as a felony, with prison sentences ranging from two years to life, depending on certain factors.
Q: What Should I Do if I Am Arrested for Marijuana Possession?
A: If you are arrested for marijuana possession in Texas, you should exercise your right to remain silent and request an attorney immediately. You should avoid discussing the details of your case with law enforcement because any statements may be used against you. When you hire a marijuana defense lawyer, they can evaluate your case and explore options to protect your future.
Q: Can Marijuana Charges Be Dismissed in Texas?
A: Yes, marijuana charges can be dismissed in Texas, though it is not always a guarantee. Dismissals often occur through pretrial diversion or deferred adjudication programs, which allow first-time offenders to complete probation or treatment in exchange for a clean record. Charges may be dropped if a defense attorney can successfully challenge the evidence or other circumstances of the prosecution’s case.
Q: Do I Need a Lawyer for a Marijuana Charge in Friendswood?
A: It is highly recommended that you retain a lawyer when facing marijuana charges in Friendswood. Marijuana convictions can lead to permanent records, driver’s license suspensions, and potential jail time. Local courts take these charges seriously, and a knowledgeable attorney can evaluate whether the Friendswood Police Department (FPD) or other arresting agencies followed proper search and seizure protocols, or if you could qualify for a diversion program.
Hire a Marijuana Defense Lawyer
If you’re facing charges related to possession, cultivation, or distribution of marijuana, you are likely feeling overwhelmed by how high the stakes are. A conviction can carry long-term consequences that affect your career, family, and freedom. Contact The Law Offices of Tad Nelson & Associates today to schedule a confidential consultation and take the first step to protecting your future.