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Marijuana Offenses

Marijuana Offenses

Marijuana Offenses in Williamson and Bell County

Marijuana, or marihuana, is defined under Texas law (Texas Health and Safety Code § 481.022) as the Cannabis plant, seeds from the plant and any compound, derivative, salt, mixture or preparation of the plant or seeds. The definition does not include resin from the plant, mature stalks of the plant, oil or cake made from the seeds or mature stalks of the plant, or sterilized seeds of the plant that are incapable of germination.

Marijuana has many other synonyms and is also commonly known as pot, weed, hydro, bud, chronic, bud and ganja. Although marijuana is probably one of the most commonly used drugs and controlled substances, it is still subject to very severe penalties and often harshly prosecuted by the state attorney.

A conviction for a marijuana offense can result in a jail or prison sentence, fines, possibly permanent criminal record and/or a driver’s license suspension. If you have been charged with any marijuana offense in Texas, it is important to contact an experienced criminal defense lawyer in Georgetown who will make every effort to help you avoid the most serious repercussions to your alleged crime.

Georgetown Marijuana Defense Lawyer

If you have been charged with any marijuana crime in Georgetown, or any of the surrounding areas of Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact Law Office of Michael J. Price P.C.

Michael J. Price is an experienced criminal defense lawyer who will make every effort to fight the allegations against you. Call Law Office of Michael J. Price P.C. for a free consultation at (512) 354-1880 about your alleged marijuana crime.


Georgetown Marijuana Crimes Information Center


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Texas Marijuana Offenses and Laws

Criminal marijuana offenses and charges in Texas are governed by the Texas Controlled Substances Act, which is in Chapter 481 of the Texas Health and Safety Code. A few of the most commonly charged marijuana crimes in Georgetown are listed below.

Possession of Marijuana – Texas Health and Safety Code § 481.121 – An individual can be charged with this offense if they knowingly or intentionally possess a usable amount of marijuana (marihuana). This offense is punishable as a Class B or A misdemeanor, state jail felony, felony of the third or second degree or life felony, depending on the amount of marijuana in the individual’s possession.

Marijuana Cultivation – Texas Health and Safety Code § 481.121 – An individual can be charged with cultivating or growing marijuana plants under Texas’ marijuana possession statute. The penalties for certain plant amounts are as follows:

  • 2 ounces or less – Class B misdemeanor
  • More than two ounces, but less than four ounces – Class A misdemeanor
  • More than four ounces, but less than five pounds – State jail felony
  • More than five pounds, but less than 50 pounds – Felony of the third degree
  • More than 50 pounds, but less than 2,000 pounds – Felony of the second degree
  • More than 2,000 pounds – Life felony

Additionally, anyone who plants, cultivates or harvests marijuana or cannabis plants in Texas is subject to forfeiture of the plants and law enforcement will seize the plants under the Texas Health and Safety Code § 481.152.

Marijuana Trafficking – Texas Health and Safety Code § 481.120 – An individual can be charged with this offense if they knowingly or intentionally actually or constructively transfer marijuana to another person in the following amounts:

  • ¼ ounce or less without receiving payment (i.e. a gift) – Class B misdemeanor
  • ¼ ounce or less with payment (i.e. sale) – Class A misdemeanor
  • More than ¼ ounce, but less than five pounds – State jail felony
  • More than five pounds, but less than 50 pounds – Felony of the second degree
  • More than 50 pounds, but less than 2,000 pounds – Felony of the first degree
  • More than 2,000 pounds – Life felony

Marijuana Distribution or Delivery – Texas Health and Safety Code § 481.120 – An individual can be charged with this offense if they knowingly or intentionally deliver marijuana (marihuana). This offense is punishable as a Class B or A misdemeanor, state jail felony, felony of the second or first degree, or life felony depending on the amount of marijuana delivered and whether the alleged offender received payment for the marijuana.

Delivery of Marijuana to a Child – Texas Health and Safety Code § 481.122 – An individual can be charged with this offense if they knowingly deliver, sell or distribute marijuana to a child or to an individual who is enrolled in a primary or secondary school. This offense is punishable as a felony of the second degree.


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Georgetown Penalties for Marijuana Crimes

An individual convicted of a marijuana offense in Texas can face harsh punishments and repercussions. These penalties can increase depending on the amount of marijuana used to commit the offense, whether the alleged offender received payment for the offense, whether a child was present during the commission of the offense, whether the alleged offender has a previous criminal history and whether the alleged offender used a weapon during the commission of the offense. The following penalties are the statutory guidelines for marijuana offenses in Texas.

  • A marijuana offense that is a Class B misdemeanor can result in a jail sentence up to 180 days and/or a fine up to $2,000
  • A marijuana offense that is classified as a Class A misdemeanor can result in a jail sentence up to one year and/or a fine not more than $4,000.
  • A state jail felony marijuana offense can result in a jail sentence from 180 days to two years and/or a fine up to $10,000.
  • If the marijuana offense is a felony of the third degree, the alleged offender can be sentenced to a prison sentence from two to ten years and/or up to a $10,000 fine.
  • A felony of the second-degree marijuana offense can result in a prison sentence from two to 20 years and/or a fine not more than $10,000.
  • A marijuana offense that is a felony of the first degree can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine up to $10,000.
  • Marijuana possession offenses that are life felonies can result in a prison sentence from five years to 99 years or life imprisonment and/or a fine up to $50,000.
  • Marijuana trafficking offenses that are life felonies can result in a prison sentence from ten years to 99 years or life imprisonment and/or a fine up to $100,000.

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Medicinal Marijuana in Texas

Currently, medical marijuana is not legally permitted in Texas or under federal law, although 16 states and Washington D.C. have decriminalized the use of medicinal marijuana. Additionally, many health organizations, doctors, and scientists agree there are medicinal benefits to marijuana and patients should be able to access marijuana, legally, under the supervision of a treating doctor.

Numerous studies show marijuana provides relief for many individuals suffering from certain illnesses and ailments. Medical marijuana has proven to be a beneficial treatment and therapeutic for Crohn’s Disease, arthritis, cancer, AIDS, movement or muscle disorders and glaucoma.

Recently, a federal bill has been proposed, HR 2306, which would end the federal government’s regulation of marijuana and give each state the option to decriminalize marijuana, legalize medicinal marijuana or continue to prohibit the use of marijuana.


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Williamson County Drug Court

Williamson County in Georgetown provides a drug court program is for repeat misdemeanor drug offenders to recover from substance abuse dependence. Generally, eligible offenders reside in Williamson County, are at least 17 years old, do not have warrants from other jurisdictions, are physically and mentally capable of participating in the programs and are sentenced to at least a one-year sentence.

The post-adjudication program is at least 12 months long and focuses on maintaining sobriety, following court-ordered community supervision requirements, participation in treatment, and attendance at court hearings.

Once the offender has successfully completed all terms to the drug court program, the charges will be dismissed. However, if an individual is unsuccessfully discharged from the drug court program, their case will be returned to court through a motion to revoke supervision or on a motion to set aside deferred adjudication.


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Marijuana Resources in Georgetown

National Organization for the Reform of Marijuana Laws (NORML) – NORML is a national organization that aims to change public opinion in order to repeal marijuana prohibition so responsible adult usage of marijuana is no longer criminalized. NORML’s website contains recent marijuana news, facts about marijuana and miscellaneous resources pertaining to the use of marijuana.

Texas’ NORML website — Provides information on marijuana laws and marijuana news in Texas.

Texas Health and Safety Code – Marijuana Offenses – Chapter 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, defines various marijuana offenses and penalties throughout Texas, including marijuana possession, marijuana trafficking and cultivation.

Williamson County Drug Court – The goal of the DWI/Drug Court in Williamson County is to enhance public safety and reduce repeat offenders by providing an approach that increases the offender’s opportunity to succeed while maximizing public safety. The Williamson County court is located at:

County Courts at Law
405 M.L.K. Street
Georgetown, Texas 78626
Phone: (512) 943-1410

Office of National Drug Control Policy – The ONDCP is a governmental drug agency that provides resources and information on marijuana use, including various names for marijuana, uses for marijuana and marijuana offenses and penalties.

Drug Enforcement Administration – The Drug Enforcement Agency (DEA) investigates and enforces the federal drug laws, including marijuana offenses. This link is to specific federal penalties for federal marijuana offenses.


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Law Office of Michael J. Price P.C. | Round Rock Marijuana Charge Attorney

Contact Law Office of Michael J. Price P.C. today for a consultation about your alleged marijuana offense throughout Williamson County in Texas. Michael J. Price is an experienced Georgetown, TX criminal defense lawyer who will make every effort to help you avoid the most severe penalties and repercussions to your alleged marijuana crime.

Contact Law Office of Michael J. Price P.C. at (512) 354-1880 for a consultation about your marijuana charges throughout Williamson County and Bell County in Texas.