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The 4th amendment to The U.S. Constitution says, "The right of the
people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

 The United States Supreme Court and lower federal and state courts have interpreted the 4th amendment to mean many different things. This line of cases will be very important in determining if the evidence seized in your case is admissible in court and if the State can proceed with your case. Did the police have a warrant when they seized the evidence in your case? Did they need one? Was the warrant valid?

To prove you guilty of possession of an illegal drug, the law says the State must show affirmative links between you and the drugs. If they cannot do this, they cannot make their case! This means you have options that you may not be aware of. Make sure you have a lawyer who knows all of the options available through the legal system.

The Law Offices of Mark Morales and Associates has been successfully helping individuals accused of possesion in central Texas for years. We can guide you through the process with sound legal advice and effective courtroom representation. Call us at (512) 931-5511 to or use the form to the right to schedule a consultation.

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Marijuana Laws in Texas

Texas has a reputation as being extremely hard on drug use and possession, and it is well earned.  Minor marijuana possession is not decriminalized in Texas, as it is in several states, which means that even a miniscule amount can land you 6 months in jail.

Like many other states, Texas divies up punishments based on the weight of the drug possessed or sold.  The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine.  However, if you have no prior felony convictions and are arrested with up to a pound, a Texas judge must impose a sentence of probation with drug treatment (for a duration at the judges discretion).  The judge can also waive the fines, in this case.  

That is where the leniency ends, however.  For the possession of 1 - 5 lbs, there is no probation, and a minimum sentence of 6 months will be imposed.  This will also be considered a "state jail felony," (which is a Texan creation meant to help with prison over-crowding). This means it will count as a felony on your record, but you will be sentenced to a minimum security prison with non-violent offenders.

After the five pound limit, the court will assume you are a major trafficker, and the penalties increase rapidly (these felonies are not of the "state-jail" variety):

• 5 - 50 lbs:           2 - 10 years, $10,000 fine
• 50 lbs - 1 ton:    2 - 20 years, $10,000 fine
• 1 ton+ :                5 - 99 years, $50,000 fine

 

Texas law does not recognize little gifts as being the same as possession (like most states do). Therefore a gift of even less than 1/4 of an ounce carries the same 6-month $2,000 fine as simple possession, but withoutthe probation requirements (i.e. you will likely serve time).  If it is a sale of that same amount, the penalty jumps to 1 year.  This applies to even extremely small amoutns, even less than a single joint cigarette.

Penalities for the sale or delivery of marijuana are also assigned by weight in Texas:

• 1/4 oz  - 5 lbs:   6 months - 2 years, $10,000 fine
• 5 lbs - 50 lbs:   2 - 20 years, $10,000 fine
• 50 lbs - 1 ton:   5 - 99 years, $10,000 fine
• 1 ton or more:  Mandatory minimum of 10 - 99 years, with a $100,000 fine
  
  

These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone.   On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 - 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many  years).

  Texas does not recognize any form of medical marijuana, so all the same laws above apply to you, and if you are arrested while possessing marijuana, a medical card or doctor's note will not be a valid defense.  Federal law also does not recognize medical marijuana (even in your home state), so you should contact a lawyer before you ever try to carry medical marijuana over state borders.

If you have been arrested in Texas for a marijuana crime, or have a legal prescription to marijuana and are thinking of going in state, it is very important to contact a Texas criminal law attorney immediately.  The laws in this field are extremely harsh and frequently changing, so having up to date facts and advice can be the difference between a minor hassle and a prison sentence.  

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Felony Drug Charges

Meth, ecstasy and cocaine possession are felony grade offenses. The fines, penalties and jail time will depend upon the amount of possession. Conviction for less than a single gram of cocaine or methamphetamine may be punishable by up to two years in a state jail facility and/or by a fine up to $10,000. Any or all of the state punishment may be probated, in an eligible case, for up to five years. It is also illegal to consume, possess or be under the influence of Xanax or Adderall unless prescribed by a physician. No matter how insignificant your drug charge may seem to you now, your future record is at stake, and your charges need to be taken seriously. An experienced, criminal defense attorney familiar with drug violations defense may be critical to you avoiding jail time.