Marijuana Charge Lawyer in Spring

A marijuana arrest can put more than your freedom at risk. You may be worried about jail, your job, your family, or having a drug charge on your record. You may also have no idea what police found, what prosecutors can prove, or what you should do next.

A Spring drug crime lawyer from The Law Offices of Tad Nelson can step in, explain the charges, and start looking for weaknesses in the state’s case. Tad and his team bring over 100 years of combined experience to criminal defense matters, have served more than 20,000 clients, and have handled 500-plus jury trials. 

Our marijuana charge lawyers in Spring fight hard when the government comes after our clients. You will have someone to talk to, ask questions, and turn to as the case develops. For a free consultation, call us today.

Our Spring Marijuana Charge Attorneys Will Start By Learning What Happened to You 

An arrest report tells the police officer’s side of the story, but it does not tell us everything about your case. At the Law Offices of Tad Nelson, we’ll take time to listen to what happened from your point of view. 

Our Spring criminal defense lawyers want to know where the marijuana was found, who had access to it, why police stopped or searched you, and what you said to the officers. We’ll then explain how Texas law affects your case and advise you about your legal options.

Depending on the facts, we may:

• Review police reports, videos, lab reports, and other evidence.
• Determine whether the police had a reason to stop, detain, or search you.
• Examine whether the state can prove the marijuana belonged to you. 
• Challenge evidence obtained in violation of your rights.
• Question how the marijuana was tested, weighed, stored, or handled.
• File motions and represent you at court hearings.
• Negotiate with prosecutors when doing so serves your defense.
• Prepare the case for trial when the charges should be fought in court. 
• Help with post-conviction procedures, including filing an appeal when grounds exist. 

Founding attorney Tad Nelson has experience on both sides of a criminal case. As a former prosecutor and a lawyer with extensive forensic science training, he knows how to examine the legal and scientific evidence the state may use.

What Counts as a Marijuana Crime in Texas? 

Recreational marijuana remains illegal under Texas law. However, Texas Health and Safety Code § 481.121 makes it a crime to knowingly or intentionally possess a usable amount of marijuana unless the possession is authorized by law.

Possession is not the only marijuana offense. Texas Health and Safety Code § 481.120 also prohibits the unlawful delivery of marijuana. The level of the charge depends in part on how much marijuana is involved, and for smaller amounts, whether the person received payment. 

A case may become more complicated when police claim marijuana was packaged for sale, several people were near the drugs, or marijuana was found during a vehicle search. Being near marijuana does not by itself answer the key question of whether the state can prove knowing possession. 

Is Medical Marijuana Legal in Texas? 

Texas allows limited medical cannabis through the Compassionate Use Program. Qualifying patients may obtain low-THC cannabis prescribed under Texas Occupations Code Chapter 169. 

This is not the same as legal recreational marijuana. Having a medical need or marijuana authorization from another state does not automatically make possession legal under Texas law.

What Are the Penalties for Marijuana Possession? 

The penalties for marijuana possession in Texas depend mainly on how much marijuana is involved. Under Texas Health and Safety Code § 481.121:

• Two ounces or less: This amount is charged as a Class B misdemeanor. A conviction carries a maximum of 180 days in jail and a $2,000 fine. 
• More than 2 ounces and up to 4 ounces: This charge increases to a Class A misdemeanor, with a possible jail term of as long as one year and a maximum $4,000 fine.
• More than 4 ounces: The charge can become a felony, with more serious penalties based on the amount involved. 

What Happens After a Marijuana Arrest? 

What happens next depends on whether you are arrested, cited, released on bond, or still under investigation. Prosecutors will decide whether formal charges will be filed, and a felony case may eventually be presented to a grand jury.

During this time, the state will continue gathering evidence. Your marijuana defense lawyer in Spring can be doing the same for your defense. The Law Offices of Tad Nelson will communicate with prosecutors, review the evidence, prepare for hearings, and keep you informed about what comes next.

If your case goes to a trial, Tad and his team will fight for you. We win criminal defense cases, and we prepare each case with the understanding that trial may become necessary. 

Marijuana Cases in Spring Can Depend on Where the Arrest Happened 

Spring, Texas, is not entirely in one county, which can affect where a marijuana case is handled. 

In Harris County, the Harris County District Attorney’s Office may prosecute the case. The county has used a Misdemeanor Marijuana Diversion Program for some low-level possession cases.

Cases from the Montgomery County part of Spring may involve the Montgomery County District Attorney’s Office. Its pretrial diversion options are discretionary and not available to every defendant.

Your attorney for marijuana charges in Spring can identify which court and prosecutor are handling the case and determine whether diversion or another resolution may be available.

Defenses That May Apply to a Marijuana Charge

A marijuana charge does not mean the state can prove its case. Your Spring marijuana defense lawyer may challenge the charge based on the evidence, the police investigation, or both.

Possible defenses include:

• The marijuana was not yours: Prosecutors may have trouble connecting you with marijuana found in a shared car, home, or another space. 
• The police conducted an unlawful search or seizure: If the police obtained the marijuana or other evidence through an unlawful stop, detention, or search, the evidence may be challenged.
• Problem with testing: The defense may question whether the substance was properly identified as marijuana. 
• Disputed weight: The amount of marijuana can affect the level of the charge, making an inaccurate weight important to challenge.

At The Law Offices of Tad Nelson, we’ll carefully examine the details and ask questions instead of assuming that the police got everything right. Call us today to discuss your case and learn how we can protect your rights and build your defense.

When Should You Hire a Criminal Defense Lawyer?

You do not have to wait for prosecutors to file a marijuana charge before speaking with an attorney. 

Consider getting legal help if you have been arrested, learned that you are under investigation, or have been asked to speak with law enforcement about suspected marijuana possession or another drug offense.

Early representation may give your attorney more time to preserve evidence and address legal problems before the case progresses. If police want to question you, you can ask for an attorney rather than trying to explain the situation on your own. 

How to Prepare While Your Marijuana Case is Pending

Once your case is underway, you can protect yourself. Keep the paperwork you receive from the police, jail, bondsman, or court. Write down what you remember about the stop, search, arrest, and statements made by officers while the details are still fresh. 

Do not discuss the case on social media. You should also attend every required court appearance and follow all bond conditions. Give your lawyer any information that could affect the defense, even if you think it makes you look bad.

Private conversations with your attorney allow your legal team to prepare for problems rather than being surprised by them later.

Talk to a Marijuana Charge Lawyer in Spring About Your Case

If you are facing drug charges, our legal team will take your case seriously without making you feel like another file number. Tad and his team combine aggressive, innovative trial strategies with a client experience built around communication and straight answers. We will explain what is happening, answer your questions, and prepare you for the next stage. 

When a hard fight is ahead, The Law Offices of Tad Nelson is willing to “go to the mattress” and do what it takes to protect your future. Contact us today to discuss a marijuana investigation, arrest, or criminal charge and how a marijuana charge lawyer in Spring, Texas, can help.