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Penalties for First-Time Marijuana Possession

Under Texas law, possession of almost any illicit substance is treated as a serious criminal offense. However, first-time offenders are typically treated much more leniently than repeat offenders. Furthermore, the penalties for marijuana possession are less than those associated with other drugs.

In Texas, penalties for first-time marijuana possession are typically as follows:

2 ounces or less: Class B Misdemeanor, with a maximum period of incarceration of 180 days in county jail and a fine not to exceed $2000

Between 2 and 4 ounces: Class A Misdemeanor, with a maximum period of incarceration of 180 days in county jail and a fine not to exceed $4000

Between 4 ounces and 5 pounds: State Jail Felony, with a mandatory minimum sentence of at least 180 days in state jail and a maximum period of incarceration of 2 years, as well as fines not to exceed $10,000

Between 5 and 50 pounds: Third Degree Felony, with a mandatory minimum sentence of at least 2 years in a Texas Department of Corrections facility and a maximum term of imprisonment of 10 years, as well as fines not to exceed $10,000

Between 50 and 2,000 pounds: Second Degree Felony, with a mandatory minimum sentence of at least 2 years in a Texas Department of Corrections facility and a maximum term of imprisonment of 20 years, as well as fines not to exceed $10,000

More than 2,000 pounds: First Degree Felony, with a mandatory minimum sentence of at least 5 years in a Texas Department of Corrections facility and a maximum term of imprisonment of 99 years, as well as fines not to exceed $50,000

If you have been charged with marijuana possession in any amount in Austin, contact Ian Inglis today at (512) 472-1950 to begin developing your defense strategy with a qualified legal professional.

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