Were you charged with possession of marijuana in Fort Worth, Arlington, Tarrant County or the surrounding cities? Despite widespread use and acceptance of marijuana in the state of Texas, possession of marijuana remains illegal, and the District Attorney’s Office vigorously prosecutes all drug-related crimes. A conviction for possession of marijuana in Texas carries absolutely devastating consequences. If convicted, you face up to life in Texas state prison, up to $10,000 in fines, and lengthy periods of parole or probation, as well as difficulty in finding and maintaining employment, seeking child custody, applying for financial aid, and obtaining an apartment. A skilled and knowledgeable Fort Worth Drug defense lawyer can inform you of the consequences of a conviction and work with you to formulate a plan for tackling the accusations.
The Fulgham Law Firm was founded after I worked as an Assistant District Attorney for the District Attorney’s Office in Collin and Tarrant Counties. I tried numerous cases before judges and juries, presented charges and evidence to grand juries, and evaluated police investigations for potential prosecution. Over the years, I developed a passion for protecting the rights of others. My stint as a prosecutor provides me with a unique perspective into the mind of the prosecution. I am able to anticipate and counteract the arguments of the prosecution.
In addition, I believe in providing each client with a customized approach to representation. Every case involves its own unique facts and evidence, so it does not make sense to handle each possession of marijuana case the same. Unlike other attorneys that care very little about their clients and provide the same routine, thoughtless representation in each case, I provide one-on-one communication, attention to detail, and personalization to ensure that the direction of your case matches your needs, goals, and best interests. To discuss your Fort Worth possession of marijuana case, call the Fulgham Law Firm today at (817) 886-3078 to schedule a free consultation.
Possession of Marijuana
The Texas Health and Safety Code defines marijuana as a controlled substance because of its hallucinogenic and mind-altering properties. In addition, synthetic marijuana has become widely popular throughout Texas. Synthetic marijuana is not marijuana. It is a chemical composition developed to simulate the effects of marijuana. It is commonly known as “K2” or “Spice.”
The Texas Penal Code defines possession of marijuana to involve the knowing and intentional possession of a marijuana-based product. Possession comes in two formats: active and constructive.
Active possession is direct, physical possession. The marijuana is found on the individual’s person.
Constructive possession occurs when the police attempt to connect marijuana found elsewhere to a specific individual. The individual must have the ability and intent to exercise custody and control of the found marijuana. Constructive possession commonly involves marijuana found inside cars, homes or suitcases.
Penalties for Possession of Marijuana
Possession of marijuana can be a misdemeanor or felony depending on the amount recovered.
- Class B Misdemeanor: Two ounces or less
- Class A Misdemeanor: Two to four ounces
- State Jail Felony: Four ounces to five pounds
- Third Degree Felony: Five pounds to 50 pounds
- Second Degree Felony: 50 pounds to 2,000 pounds
- First Degree Felony: Over 2,000 pounds
Misdemeanors are punishable by incarceration in Tarrant County jail and/or fines up to $4,000. Felonies are punishable anywhere from five years in state prison to life in prison and can incur fines up to $50,000.
Zealous Representation for those Accused of Possession of Marijuana
If you were arrested for the possession of marijuana in Fort Worth, numerous defenses may be available to you. I can help you evaluate your case to determine the best strategy and defense. To schedule a free appointment, call the Fulgham Law Firm at (817) 886-3078 today.