Marijuana Possession Over 4 Ounces

Possessing any amount of marijuana is illegal in Texas. Possession of less than four ounces will result in misdemeanor charges, but possessing any more is an automatic felony.

A felony conviction can have devastating impacts on your life. Not only will you have to spend time in prison, but also lose the right to vote and have a difficult time finding employment. You should contact legal representation right away if you have been charged with marijuana possession.

Defense Attorney for Marijuana Possession Over 4 Ounces in Texas

Texas is reluctant to show mercy on those found in possession of large amounts of marijuana. You will need a defense attorney experienced in fighting marijuana charges. Find that attorney at Law Offices of David Sloane, PLLC.

David Sloan is a well-known and highly respected defense attorney in North-Central Texas.  He will file motions, suppress evidence and do whatever else is necessary to achieve the best possible results for you. Don’t delay. The sooner you contact David Sloane, the sooner he can get to work on your case.

Schedule your free consultation today. Call (817) 810-0088 or submit your information in the online contact form. Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in North-Central Texas counties including Dallas County, Tarrant County, Wichita County, Wilbarger County and Wise County.

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Texas’ Marijuana Laws

Marijuana remains illegal across Texas. This mean possessing any amount of the drug will result in time behind bars and steep fines. To be charged with possession you must have been in actual or constructive control of the drug. Actual possession involves the drug being on your person. This can include having marijuana in your pocket or in a bag you are carrying.

Constructive possession, though, doesn’t involve having the substance on your person, but knowing where it is and having exclusive control over it. For example, marijuana would be considered in constructive possession if it were locked in your glove box or under the seat in your car.

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Felony Marijuana Possession

Texas takes a tough stance against marijuana possession. Possessing more than four ounces of the drug will result in a felony charge. The extent of the charge will depend on the amount found in your possession.

Listed in the table below are the penalties for felony marijuana possession in Texas.

Weight Charge Jail/Prison Time Fine
More than 4 oz. but less than 5 lbs. State jail felony 180 days – 2 years $10,000
More than 5 lbs. but less than 50 lbs. Third-degree felony 2 years – 10 years $10,000
More than 50 lbs. but less than 2,000 lbs. Second-degree felony 2 years – 20 years $10,000
More than 2,000 lbs. First-degree felony 5 years – 99 years or life $50,000


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Collateral Consequences of a Felony Conviction

A felony conviction on your criminal record will impact your life after you’re released from prison. You could be fired if your employer finds out about the conviction. On top of that, if your profession requires a license to practice, you could have the license suspended or revoked.

A felony conviction can result in loss of government assistance. This can include education grants and loans, food stamps and other federally funded assistance programs. Fundamental rights such as the right to vote, sit on a jury and bear arm will also be forfeited when you are convicted of a felony offense.

To mitigate the chances of this happening to you, retain legal counsel as soon as possible.

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Marijuana Possession with Intent to Sell

It’s not unheard of for someone found in possession of marijuana to be charged with intent to sell. The context of the drug will determine whether or not you intended to sell the drug. If the marijuana is separated into small bags or if a scale is found, law enforcement may assume you intended to deliver the substance.

Texas goes after suspected drug dealers harder than those found in possession. How you are charged for the crime will depend on the amount. According to the Texas Controlled Substance Act, you could face the following charges for possession with intent to sell.

  • State jail felony: Less than 1 gram
  • Second-degree felony: More than 1 gram but less than 4 grams
  • First-degree felony: More than 4 grams but less than 200 grams 

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Additional Resources for Marijuana Possession Over 4 Ounces

Texas Controlled Substance Act  – Follow this link to read through the act governing marijuana crimes in Texas. You can find a list of drugs also classified in penalty group 1 and other marijuana crimes such as manufacturing and delivery to a child.

Punishments | Texas Penal Code – Find out how charges are penalized in Texas by following the link. You can also learn what happens to repeat felony offenders and what happens when the court reduces a state jail felony to a class A misdemeanor.

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Texas Lawyer for Marijuana Possession Over 4 Ounces

Were you arrested for possession of more than 4 ounces of marijuana? Did law enforcement assume you intended to sell the drug even though you had no intention to? If so, contact Law Offices of David Sloane, PLLC.

David Sloan has over 20 years of experience defending clients of marijuana crimes in North-Central Texas. He will evaluate the facts of your case and formulate a defense plan with your best interest in mind. To schedule a time to speak with Law Offices of David Sloane, PLLC, call (817) 810-0088 or submit your information in the online form.

Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in North-Central Texas counties such as Dallas County, Tarrant County, Hudspeth County, Hartley County and Montague County.

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This article was last updated on Wednesday, February 6, 2019.