The Texas Health & Safety Code defines “Marijuana” as the plant Cannabis sativa L., whether growing or not, the seeds of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
Marijuana offenses are divided by two sub-categories:
* See the chart below for an overview of marijuana offenses and their classifications.
Offence Classification Chart
Possession of Marijuana (POM)
- Class B Misdemeanor: Less than 2 oz
- Class A Misdemeanor: Between 2 and 4 oz
- State Jail Felony: Between 4 oz and 5 lbs
- 3rd Degree Felony: Between 5 and 50 lbs
- 2nd Degree Felony: Between 50 lbs and 2000 lbs
- Enhancements / Aggravated: Over 2000 lbs, 5 to 99 years and up to a $50,000 fine
* “Possession” means actual care, custody, control, or management.
Delivery of Marijuana (DOM)
- Class B Misdemeanor: 1/4 oz or less with no remuneration (payment or compensation)
- Class A Misdemeanor: 1/4 oz or less with remuneration
- State Jail Felony: 1/4oz to 5 lbs
- 2nd Degree Felony: 5 to 50 lbs
- 1st Degree Felony: 50 to 2000 lbs
- Enhancements / Aggravated: Over 2000 lbs, 10 to 99 years and up to a $100,000 fine
* “Deliver” means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.
What Does This mean
Any charge dealing with drugs is extremely serious. In order to protect your good name, keep your record clean, and be eligible to get into a good school or find a good job, it is imperative that you take these charges very seriously. Even the slightest drug conviction can have an enormous impact on a person’s life, both personally and professionally.
Call Us Today
If you are currently facing drug charges of any kind, it important that you contact a qualified criminal defense attorney as soon as possible. At Ross Law Offices, we offer a free consultation to discuss your case and go over every option you may have. Don’t hesitate. Call us today.