Misdemeanor Possession

Possession of 4 ounces or less of marijuana (referred to in the Texas Controlled Substances Act as “marihuana”) is a misdemeanor offense in Texas. Cameron County District Attorney Luis Saenz said in 2013 that "any marijuana case involving less than one-third of an ounce would never see the inside of a prosecutor's office," according to the Texas Tribune.

Even misdemeanor cannabis possession offenses involve serious consequences, including possible jail time, fines, and driver's licenses suspensions. While the Cameron County District Attorney may not prosecute all misdemeanor possession cases, alleged offenders should still be sure to retain legal counsel in order to ensure that they achieve the most favorable possible outcomes to their cases.

Attorney for Misdemeanor Marijuana Possession Arrests in Brownsville, TX

Were you arrested anywhere in South Texas for allegedly possessing 4 ounces or less of cannabis? Do not say anything to authorities without first contacting The Gracia Law Firm.

Brownsville criminal defense lawyer Jonathan Gracia aggressively defends clients facing marijuana charges in Willacy County, Cameron County, and Hidalgo County. Call (956) 504-2211 today to have our attorney provide an honest and thorough evaluation of your case during a free, confidential consultation.


Cameron County Misdemeanor Possession Information Center


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Misdemeanor Possession of Marijuana Penalties in Texas

Texas Health and Safety Code § 481.121 establishes that a person commits the offense of possession of marihuana if he or she knowingly or intentionally possesses any usable quantity of marijuana.
While more than 4 ounces of cannabis constitutes a felony offense, crimes involving 4 ounces or less of marijuana are misdemeanors classified as follows:

  • 2 ounces or less — Class B misdemeanor punishable by up to 180 days in jail and a fine of up to $2,000; and
  • 4 ounces or less but more than 2 ounces — Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000.

Texas Transportation Code § 521.372 also establishes that a person convicted of any offense under the Controlled Substances Act will have his or her driver's licenses automatically suspended. A suspension is typically 180 days, but the Texas Department of Public Safety (DPS) will not issue a license to any convicted individual who did not hold a valid license at the time of the offense.


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Brownsville Misdemeanor Marijuana Possession Defenses

In many marijuana possession cases, it is common for a criminal defense lawyer to file a motion to suppress evidence that was obtained as the result of an illegal search and seizure. If police officers did not have probable cause or a search warrant, or a valid exception to the warrant requirement, then it may be possible that the alleged offender's Fourth Amendment rights were violated and the evidence will be inadmissible in court.

Some other possible defenses against misdemeanor possession charges include, but are not limited to:

  • Marijuana belonged to another person;
  • Unknowing possession;
  • Entrapment;
  • Marijuana planted by authorities;
  • Alleged offenders was licensed medical marijuana user; or
  • Alleged marijuana was not actually cannabis.

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Cameron County Misdemeanor Possession Resources

Texas | Marijuana Policy Project (MPP) — The MPP is a national nonprofit organization dedicated to marijuana policy reform. On the Texas section of its website, you can view recent alerts, read the latest news, and access other resources. You can also find answers to frequently asked questions and find ways to take action.

Texas DPS | Texas Arrest Data — View Texas arrest information for 2015, including marijuana offenses. Marijuana possession accounts a majority of drug possession and general drug abuse arrests in virtually categorical breakdown. Furthermore, KRWG-TV/FM reported in 2015 that 97 percent of marijuana arrests that year were for possession of 2 ounces or less.


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The Gracia Law Firm | Brownsville Misdemeanor Marijuana Possession Defense Lawyer

If you were arrested for alleged possession of 4 ounces or less of cannabis in the Rio Grande Valley area, it is in your best interest to quickly seek legal representation. The Gracia Law Firm represents individuals in Hidalgo County, Willacy County, and Cameron County.

Jonathan Gracia is an experienced criminal defense attorney in Brownsville who can fight to possibly get your criminal charges reduced or dismissed. He can review your case and discuss all of your legal options as soon as you call (956) 504-2211 or complete an online contact form to receive a free initial consultation.



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