Law Office of Robert Keates - Austin Criminal Defense Attorney
for Marijuana Possession Offenses and Drug Charges in Austin and San Marcos
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Marijuana Possession:
Marijuana Possession
Marijuana Cultivation
Marijuana Possession at School or Park

Sale or Delivery of Marijuana:
Delivery of Marijuana
Giving Away Marijuana

Marijuana Penalties & Sentencing:
Sentencing Ranges for Marijuana
Texas Penalties & Punishments
Dismissals & Deferrals
Texas Driver's License Suspension

Other Drug Offenses:
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Keates Law Office > POM Punishments

PUNISHMENTS & PENALTIES FOR MARIJUANA POSSESSION


The penalties and punishments for possession of Marijuana, called Sentencing, varies based on the amount of Marijuana possessed and where the possession of Marijuana occurred. For instance, while it's considered a Class B Misdemeanor to Possess up to 2 ounces of Marijuana, if you possess the marijuana on school grounds, within 1000 feet of a school, or a park, then the offense can be elevated to a Class A Misdemeanor for Possession of Marijuana. See Below:

Marijuana Possession Punishments | Marijuana Delivery (Sales) Punishments

Marijuana Possession Sentencing
Weight of Drug
Type of Offense
Punishment
2 ounces or less
Class B misdemeanor
Not more than 180 days
in a county jail
More than 2 ounces, but less than 4 ounces
Class A misdemeanor
Not more than 1 year 
in a county jail
More than 4 ounces, but less than 5 pounds
State jail felony
180 days to 2 years
in a state jai
More than 5 pounds, but less than 50 pounds
Third-degree felony
2 to 10 years
in a state prison
More than 50 pounds, but less than 2,000
Second-degree felony
2 to 20 years
in a state prison
More than 2,000 pounds
Enhanced first-degree felony
5 to 99 years 
in a state prison
*Controlled Substance Offenses may also suspend a Texas Driver' License.

Repeat Misdemeanor Marijuana Offenses:

  • If charged with a Class A misdemeanor and defendant has been before convicted of a Class A misdemeanor or any degree of felony = 90 days-1 year; $4,000
  • If charged with a Class B misdemeanor and defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony = 30 days-180 days; $2,000
  • If charged with a Class C misdemeanor and defendant has been before convicted under one or a combination of the two above three times and the prior offense was committed within 24 months of incident = > 180 days; $2,000  

Repeat Felony Marijuana Offenses:

  • If charged with a state jail felony punishable and defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
  • If charged with a state jail felony punishable and defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
  • If charged with a state jail felony or of a third-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony.
  • If charged with a second-degree felony and the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
  • If it is a first-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years.  In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000
Delivery of Marijuana Punishments
Weight of Drug
Type of Offense
Punishment

¼ ounce or less, given, not for payment

Class B misdemeanor
Not more than 180 days
in a county jail
¼ ounce or less, for payment
Class A misdemeanor
Not more than 1 year
in a county jail 
More than ¼ ounces, but less than 5 pounds
State jail felony
180 days to 2 years
in a state jail
More than 5 pounds, but less than 50 pounds
Second-degree felony
2 to 10 years
in a state prison
More than 50 pounds, but less than 2,000
First-degree felony
2 to 99 years
in a state prison
More than 2,000 pounds
Enhanced first-degree felony
5 to 99 years 
in a state prison

 

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The Law Office of Robert Keates handles a broad spectrum of criminal defense trials and cases, ranging from
misdemeanors to felony charges. 100% of our practice is criminal defense in nature, allowing us to focus only on defending you.

All initial phone or email consultations are free, confidential, and without obligation.
Serving Austin Texas and surrounding areas, including: Austin, Travis County, and San Marcos, Hays County.

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along with deposit or payment, there is no legal contract for any type of legal representation, despite any general advice or information found on this site.
               
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  LAW OFFICE OF ROBERT KEATES
AUSTIN CRIMINAL DEFENSE ATTORNEY
700 Lavaca St #1400, Austin, Texas 78701
Ph: 512-216-3211 Fax: 888-709-6040

email@keateslaw.com

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Law Office of Robert Keates - Austin Criminal Defense Attorney for Marijuana Possession Offenses and Drug Charges in Austin and San Marcos

Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX (512) 216-3211
Austin Lawyer handling Misdemeanor and Felony Criminal Cases 4.9 out of 5 based on 11 reviews