Marijuana Criminal Defense Attorney Serving Denton & Surrounding Counties
Each year more and more states legalize marijuana either medicinally or recreationally. This increased the amount of marijuana in states neighboring Texas that has been obtained legally. This introduces a gray area for many Texans who have purchased marijuana legally in another state like Colorado and may mistakenly believe they can bring that marijuana into the state of Texas. The reality is that possession of all forms of marijuana are illegal in the state of Texas, even if it was procured legally in another state. Furthermore, transporting it into the state is also considered a crime and may result in additional charges besides possession.
The best thing that you can do for someone you know that has been charged with marijuana possession or the transportation of it across state lines into Texas would be to contact a qualified defense attorney in Denton, Texas like Hunsucker Legal Group. Even though marijuana is legal in other states around the country, Texas state prosecutors still prosecute marijuana-related crimes to the full extent of the law. There may be much more at stake than you realize, so call our offices at (940) 484-5000 or fill out the form on this site today.
Understanding Texas State Laws Concerning Marijuana
Because Texas state prosecutors fully prosecute marijuana-related charges, Texans should never bring legally obtained marijuana back into the state. This includes any of the following marijuana products:
- Oils, Topical Ointments, Concentrates
- Wax / Shatter / Dabs / Etc.
- Clones, Flower or any part of the plant itself
It should be noted that once you change the natural Marijuana plant and use the tetrahydrocannabinols “THC” found in a non-flower form such as Marijuana oils, wax, dabs (ie E-cigs) or a Marijuana edible (ie Gummies or Cookies), those cases are prosecuted as Felonies under the Texas Controlled Substances Act and carry much harsher penalties than just possessing the flower. Only a few exceptions to this exist and likely do not apply in most cases. These include sterilized seeds and a select number of products that have been made from fully matured marijuana plants.
Penalties for Marijuana-Related Charges in the State of Texas
In Texas, prosecutors will pursue all charges against you related to marijuana as felony charges. If convicted, this may mean:
- Potential Time in prison
- The suspension of your driver’s license
- A permanent Felony criminal record that will follow you the rest of your life
- Fines and fees that can range up to $10,000 in most cases and up to as high as $250,000 in some cases
Delivering Marijuana from Out of State to a Third Party, or “Delivery”
If prosecutors feel they have enough evidence, they may try to add an enhancement to the charge against you specifically related to the intent to deliver any marijuana or marijuana-related products to a third party within the state. This is known as Delivery and carries with it substantially harsher penalties.
Don’t make the mistake of thinking you must have received payment for a trafficking charge. If there is a payment, the charges will become more severe, but trafficking is still a Class B Misdemeanor in the state of Texas even if no money changes hand. In the event the amount that changed hands was more than a quarter of an ounce, this immediately becomes a State Jail Felony.
Your best chance is to have qualified legal representation from a criminal defense team like Hunsucker Legal Group who knows the court system in Denton and is familiar with Texas marijuana laws. If you’d like to know more, give us a call at (940) 484-5000 or fill out the form on this site.
Facing Marijuana Related Charges?
Anytime you are facing charges related to marijuana in the state of Texas, it is key you protect your rights. Don’t delay. Find qualified representation as soon as you can. Just fill out the form on this page or call Hunsucker Legal Group at (940) 484-5000 and we can get to work on your defense right away.