Possession of Marijuana in Texas

The state of Texas deems the possession and sale of marijuana (cannabis) illegal. Penalties and fines would depend on the amount of marijuana the person possessed at the time the charges were made. Although the move to legalize marijuana has been accepted in some states, Texas has remained with their stand on criminalizing the sale and possession of marijuana, and has no provisions on the legal use of marijuana.

A criminal charge involving marijuana possession or sale can be a life-altering factor for a person. It can affect your personal and social life, and can greatly influence employment opportunities. Knowing how to face and deal with a marijuana possession, sale or manufacture charge is important so that it would not be a hindrance in your life. Finding the right Houston criminal defense lawyer can play the part in lowering prison sentences and fines or even have the charges settled without it having a to hugely affect your life.

The state of Texas classifies marijuana as a Schedule 1 substance (Texas Stat. and Code Ann. §481.002), putting it in a category that has a high potential for abuse and does not possess a recognized medical value. Marijuana possession is considered a crime and punishment varies depending on the amount possessed, with the penalties increasing when in a drug free school zone (Texas Stat. and Code Ann. §481.121.). The same factor also applies to cultivation and selling of marijuana, with escalating penalties for selling to a minor or within a drug-free school zone (Texas Stat. and Code Ann. §481.120.).

Despite marijuana being illegal in the state of Texas, those who have been caught with possessing, selling, or manufacturing can still be liable for unpaid taxes in accordance to the stamp tax (Texas Stat. and Code Ann. §159.101A.). Despite marijuana charges being under the rule of statutory law, hiring a Houston criminal defense lawyer is still vital because they would know how to handle these cases in line with prosecutors and judges in the state courthouses.

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