A one-stop-shop for Marijuana Possession Defense Information

You may have been busted for pot, or you may just have questions about the laws surrounding possession of marijuana, and whether there are any defenses. We want to help, so we put together this page. We have attempted to put in one place all the questions you might have about marijuana laws in Texas, and defending a charge of illegal possession of marijuana. We have included links to articles on our site, videos on our  You Tube channel, along with articles and resources on other sites. 

If you haven't already done so, get a copy of our Free Report, Busted for Pot, Don't Let Your Future Go Up in Smoke.

Check back often, because this page will be updated as new content is added.

1.0 The Law

1.1 Texas statutes

1.2 Definition of marijuana

1.3 punishment ranges

1.4 enhanced punishments

    Drug free zones

    1.41 Prior convictions

1.5 Collateral consequences of marijuana conviction

   1.51 Driver’s license suspension

    1.52 Professional licenses

    1.56 Immigration

    1.57 Public benefits

    1.58 School sanctions

1.6 Punishment options

    1.61 Pre-trial diversion

    1.62 Deferred adjudication

    1.63 Probation

    1.64 Alternative jail sentences (weekends, house arrest)

2.0 Defenses

2.1 Illegal search

2.2 lack of possession

2.3 possession not knowing or intentional

2.5 lesser offenses

3.0 Legal possession of marijuana

3.1 texas law

3.2 marijuana brought from other states

3.3 impact of having prescription

 

1.0 Marijuana Possession - The Law

 

Although the use of marijuana is becoming more accepted by the general public, it is still a crime in Texas. It is treated no differently than other crimes, such as assault, theft and driving while intoxicated. In other words, possession of marijuana something  that you can go to jail for, and that can destroy your career, and your plans for the future.

What the law is:

 

    1.1 Texas Statutes prohibiting marijuana possession

The possession of marijuana is prohibited by Section 481.121 of the Texas Health and Safety Code. That statute makes it a crime to “knowingly or intentionally possess a useable amount of marijuana.”

Many people are surprised to find that even an extremely small amount can be a crime; the statute prohibits a “useable amount”, which could include loose pot that could be turned into a joint, or put in a pipe.

    1.2 The definition of marijuana

 

There is one distinction between marijuana and other drugs; Marijuana is in its own category in the Texas Health and Safety Code. In case you’re wondering, marijuana is defined in the statute as any “Cannabis sativa” plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.

 

1.2.1 How does the State prove a substance is marijuana?

 

There’s also another distinction between marijuana and other drugs. Generally, a substance believed to be illegal is sent to a lab for analysis. The Courts have held that police are qualified to identify marijuana simply by virtue of their training and experience. The only reason marijuana is ever sent to a lab is if there’s a large amount, and they want an accurate weight.

 

   1.3 Punishment ranges for  possession of Marijuana

 

The amount of marijuana you possess determines what the punishment can. The more you have, the more serious the offense is.

 

The punishment ranges are as follows:

 

Possession of 2 ounces or less of marijuana is a Class B misdemeanor.

The punishment range is not more than 180 days in a county jail and/or a fine of not more than $2,000

 

Possession of More than 2 ounces of marijuana, but less than 4 ounces is a Class A misdemeanor

The punishment range is not more than 1 year in a county jail and/or a fine of not more than $4,000

 

Possession of more than 4 ounces of marijuana, but less than 5 pounds is a State jail felony

The punishment range is 180 days to 2 years in a state jail and/or a fine of not more than $10,000

 

Possession of More than 5 pounds or more of marijuana, but less than 50 pounds is a Third-degree felony

The punishment range is 2 to 10 years in a state prison and/or a fine of not more than $10,000

 

Possession of More than 50 pounds of marijuana, but less than 2,000 pounds is a Second-degree felony

The punishment range is 2 to 20 years in a state prison and/or a fine of not more than $10,000

 

Finally, the possession of More than 2,000 pounds of marijuana is a first-degree felony

The punishment range is 5 to 99 years and a fine of not more than $50,000

 

    1.4 Enhanced Punishments

 The punishment for a marijuana charge can be enhanced in several different ways. The most common is prior convictions; the conviction does not have to be for a marijuana case, but can be for any type of offense.  Another way is an enhancement for possession within a "drug free zone."

    1.41 Prior convictions

    

If you have previously been convicted for an offense, the punishment range for the new offense can be increased.

 

Felony offenses

 

For felony offenses, the punishment is increased by one level. If you are charged with a third degree felony, the punishment is increased to the range for a second degree felony. If you are charged with a second degree felony, the punishment is increased to the range for a first degree. If you are already charged with a first degree felony, the minimum punishment is increased; instead of the being five years, it is increased to fifteen years, so the range becomes 15-99 years, or life. If you  have two or more felony convictions, the minimum is increased to 25 years, so the ranges becomes 25-99 years, or life. That is generally referred to as a “habitual” felon. There are some limitations, which have to do with felony. The second felony conviction has to be after the first conviction has become final, and the conviction has to be for an offense that was committed after the previous conviction became final. So, if you are sentenced for two felony offense on the same date, you only have one conviction that can be used for enhanced.

 

    There is a separate statute dealing with State jail felonies. You basically get one “free” state jail felony conviction, because punishment can only be enhanced if you have two or more convictions for a state jail felony. If you do, the punishment increases to that for a third degree felony, which is 2-10 years.

 

    Misdemeanor offenses

 

Since the majority of marijuana charges are misdemeanors, you are generally dealing with the enhancements that apply to misdemeanor offenses. The enhancements for misdemeanors increase the minimum sentence and the fine. The enhanced punishment ranges apply to prior convictions for both misdemeanors and felony offense. That means that if you have a felony murder conviction, it can be used to enhance your marijuana charge.

 

    If the offense is a Class B misdemeanor (less than 2 ounces), there is a minimum sentence of 30 days, and the maximum is still 180 days.  The fine is still $2,000.

 

    If the offense is a Class A misdemeanor (2-4 ounces), there is a minimum sentence of 90 days, and maximum is still 1 year.  The fine remains at a maximum of $4,000.

 

    1.42 Drug Free Zones

 

    If you possess marijuana - or any other controlled substance, your punishment can be increased. The Statute is Section 481.134, Texas Health and Safety Code. Subsection (f) applies to the possession of less than two ounces of marijuana, and increases the punishment to the range for a Class A misdemeanor, which is up to a year in jail, and a fine up to $4,000. If you possess more than two ounces, but less than four ounces, the punishment is increased to a state jail felony. The statute covers possession:

  1. Within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private playground or youth center, or a playground; or​

  2. On a school bus.

 

    There is an exception for marijuana that is possessed within 1,000 feet of the above locations if the possession is inside a private residence, and no minor was present at the time the offense was committed. That prevents you from being enhanced for marijuana inside a residence (which could include someone else’s residence), as long as no children were present.

 

    As you would probably guess, there are definitions for the these terms, which are as follows:

 

(3) “Playground” means any outdoor facility that is not on the premises of a school and that:

(A) is intended for recreation;

(B) is open to the public; and

(C) contains three or more play stations intended for the recreation of children, such as slides, swing sets, and

teeterboards.

(3) “Playground” means any outdoor facility that is not on the premises of a school and that:

(A) is intended for recreation;

(B) is open to the public; and

(C) contains three or more play stations intended for the recreation of children, such as slides, swing sets, and

Teeterboards.

(7) “Youth center” means any recreational facility or gymnasium that:

(A) is intended primarily for use by persons who are 17 years of age or younger; and

(B) regularly provides athletic, civic, or cultural activities.

 

1.5 Collateral consequences of a conviction for marijuana possession

 

    Jail time and fines are what comes to mind when most people think about punishment for a criminal offense. While that’s important, they are the immediate consequences of a conviction: you start on probation and have to start paying a fine. or get sent to jail, There are also consequences that you may not become of aware of until later - usually after it’s too late to do anything about it. These are referred to as “collateral consequences” of a conviction. This section will address some of the more common consequences.

 

1.5.1 Suspension of your driver’s license
 

One of the most significant consequences of a conviction for possession of marijuana is that your driver’s license can be suspended for up to six months following a conviction on any violation of the Texas Controlled Substances Act, including marijuana. A lot of people find this out the hard way, when they receive a notice of suspension in the mail.


    1.5.2    Difficulty in Getting a Job.
 

“Sometimes people mistakenly believe having a misdemeanor conviction will not impact them as much as having a felony conviction. That is not necessarily true. Though some job applications will ask you if you have ever had a felony conviction, many job applications will ask you if you have ever been convicted of a crime. If you are convicted of a misdemeanor or a felony, you will need to answer “yes” and explain the circumstances.”

  

1.5.3 Difficulty in Getting Federal Student Aid:

 

If you are going to school, and receiving financial aid, a conviction can impact your ability to continue receiving that aid. Generally, if you are incarcerated you cannot receive aid, and are not eligible to apply for aid. Your eligibility will be restored when you are released. Here's an explanation from the government website:

"Once you’re released, most eligibility limitations will be removed. In fact, you may apply for aid before you’re released so your aid is processed in time for you to start school. However, if your incarceration was for a drug-related offense or if you are subject to an involuntary civil commitment for a sexual offense, your eligibility may be limited..
Your eligibility might be suspended if the offense occurred while you were receiving federal student aid (grants, loans, or work-study). When you complete the FAFSA form, you will be asked whether you had a drug conviction for an offense that occurred while you were receiving federal student aid. If the answer is yes, you will be provided a worksheet to help you determine whether your conviction affects your eligibility for federal student aid
If your eligibility for federal student aid has been suspended due to a drug conviction, you can regain eligibility early by successfully completing an approved drug rehabilitation program or by passing two unannounced drug tests administered by an approved drug rehabilitation program. If you regain eligibility during the award year, notify your financial aid office immediately so you can get any aid you’re eligible for.
If you are convicted of a drug-related offense after you submit the FAFSA form, you might lose eligibility for federal student aid, and you might be liable for returning any financial aid you received during a period of ineligibility.

 

For more information, you can go to this website https://studentaid.ed.gov/sa/eligibility/criminal-convictions#incarcerated  

 

1.6  Punishment options

 

    There are generally options for disposing of a marijuana charge. If this is your first offense, the odds of getting sent to jail are pretty small. The available options can rangie from an informal “out of court” disposition, to supervised probation.

 

1.61 Pre- trial diversion

 

Many counties have what is called a pre-trial diversion program. The names for those program vary, as do the way they are set up and administered. Some are more formal, while others are nothing more than what used to be referred to as “desk-drawer probation.” The way they operate generally require you to enter into an agreement, with either the prosecutor or the Court. That agreement will have certain conditions, and in return for agreeing to those conditions, the prosecutor agrees to dismiss the case - either at the end of the agreement, or in some cases immediately. Some counties have a separate office that administers the program, while others may keep up with it through the prosecutor assigned to the case.

 

One requirement that differs among counties is whether an admission of guilt is required. For example, in McLennan County, the agreement you sign states that you are admitting guilt, and that the admission can be used against you in the event you don’t complete the program. Generally, that is non-negotiable. There are a couple of reasons for that. The obvious one is that they don’t want to place anyone under any type of supervision if they didn’t commit a crime. Another reason has to do with the motivation to finish the program. If you aren’t guilty - or don’t believe you are guilty - you are probably going to resent having to do anything, and the odds are you aren’t going to be successful. This can create a problem when you want to get a dismissal of the charge, and not run the risk of trial. The factors that go into that decision are complex, and discussed elsewhere.

 

There are several conditions that you can expect to see in most pre-trial diversion programs. One is community service. Generally, you will have to volunteer at some non-profit agency, and provide proof that you did so. Another standard condition is drug and alcohol testing. That is generally done through random urinalysis (UA). In DWI cases there also may be a period of time where additional testing is required. That may be through a device called SCRAM, which is a testing device that requires you to blow into it several times a day. An interlock may also be required for some part of the supervision period.

 

It is also common to require the completion of one or  more classes. A drug and alcohol awareness class is a standard condition for all drug and alcohol cases. In McLennan County, there is also a program administered through a local hospital, called the REDD  program; that requires you to spend a Saturday at the hospital. There can also be other classes, such as anger management, and financial planning where that is an issue.

 

1.62 Probation

 

There are two types of probation, regular probation and deferred adjudication. The difference in those is described more fully in this article. Here, we will address the standard conditions, which are generally the same no matter which type of probation you are placed on.

 

Probation involves formal supervision by a probation officer. In most cases, you will have to report at least once a month to your probation officer. They will check on your progress, and make sure you are complying with the conditions of probation. Reporting requires you to physically go to the probation office and meet with someone. This can be an issue if you live in a different county. In that situation, supervision can be transferred to the county where you live. A probation officer there would supervise you, and if there was a problem, they would report it to the probation office in the county where you were placed on probation.

 

In addition to reporting, many of the same conditions that are imposed in pre-trial diversion will also be imposed here. Those include community service, drug and alcohol testing, and attendance at different classes. There are also financial obligations. You will have to pay court costs and any fine imposed, as well as a monthly probation fee. In most places, that fee is around $60.00 per month.

 

Another basic condition of probation is that you do something besides sit around your house all day. You will be required to either work, or go to school. If you don’t have a job, you will be required to make an effort to find one. If there is a reason why you can’t work, you will have to provide that to your probation officer. Be aware that they aren’t simply going to take your word for any of this. If you claim you are working for a family member, or that you are self-employed, they are going to ask you to verify that.

 

In some cases, there might be a curfew, requiring you to be at home during certain times. Even if there is no curfew, you should be prepared for an unannounced visit from your probation officer. One of the requirements of probation is that you keep your probation officer updated on where you are living. If they stop by the house you have listed and the people there say they’ve never heard of you, you have a problem.

 

1.63 Jail

 

You might think a jail sentence is self-explanatory. You get sentenced, and stay in jail until your sentence is up. Fortunately, there are several alternatives for how you serve your sentence.

 

One alternative is generally referred to as electronic monitoring, or EM. If you serve a sentence under EM you will be required to a device that reports your location. Usually, that a device you wear on your ankle. You will be limited to certain locations, and if you go somewhere else, the device will issue a report. Sometimes this is called home confinement, since your house is where you are restricted to staying.

 

Another option is work release. Here, you are confined in the jail, but allowed to go to work. You are released at a certain time, and required to be back at a certain time. In other words, when you are not at work, you are in jail.

 

Sometimes, a court may allow you to serve your sentence at certain times, such as on weekends. This is usually continuous. In other words, you have to report every weekend until you serve your sentence.

 

The next question most people have is how much time will I have to do. Most of time, you don’t have to serve the entire sentence, because you will get credit for good time. The award of good time is up to the sheriff. In McLennan County, it is generally 3 for 2; for every 2 days served, you get credit for 3. In some cases, you can get 2 for 1 credit. That is generally available for inmates who are granted special status, such as serving as trustees at the jail.

 

    1.64 Lesser Charges

 

In some situations, a prosecutor may allow you to plead to lesser charge. Generally, that is some type of Class C offense, which is similar to a traffic ticket where you only pay a fine. The most common offense is possession of drug paraphernalia. Some prosecutors will also also create an offense of attempted possession. If you were given a ticket for a traffic offense, or some other offense, they may also agree to dismiss the marijuana charge, and have you pay a fine on the ticket.

 

The willingness of prosecutors to negotiate these type of deals varies widely; it literally depends on where you were stopped. For example, in McLennan County this rarely happens. However, in some smaller counties nearby, it is a possibility for first time offenders. Generally, the larger the county, the less likely you are to get this type of offer.

 

2.0 Common Defenses for Possession of Marijuana Charges

An arrest for a marijuana possession does not mean you are guilty. There are many defenses that your attorney may explore to help have your case dismissed or reduced to a lesser offense, including:

  • Illegal search

  • Lack of evidence

  • Lack of intent

  • Valid alibi

  • And other constitutional violations

 

2.1 Knowledge and Intent

 

Whether or Not You Knew You Had a Controlled Substance…

 

A major issue in most drug cases is whether you were in possession of the drugs. Possession has a specific definition in the Texas Penal Code. It means something different from ownership, which means more than one person can be in possession of the same substance. The state has to prove you had "care, custody or control" of the drugs. Basically that means you have to know they were, and had some control over them. That is often an issue where the substance is hidden or concealed, or you are on someone else’s property.

 

A question that may arise – although not often – is whether you knew what the item was. In other words, did you know it was a controlled substance.  Most of the time it’s going to be hard to argue you didn’t know what it is – but it could happen.

 

 

2.2 What "possession" means in the law

 

The law prohibits the possession of a controlled substance - such as marijuana, cocaine, and methamphetamine. Possession has a specific meaning under the law; not surprisingly, that definition is not the same one used in everyday life.

 

In Texas law possession means "care, custody or control" over something. Custody is fairly straightforward and means what you would think it means. The other two terms however are somewhat broader than the normal understanding. This is an important issue when drugs are found somewhere other than on your person. The most common situations are drugs found in a car, or in a house.

 

To complicate the situation even more, there is a concept called "joint possession". That means that two or more people can possess the same thing.

 

Where the drugs are found is important. When they are out in the open it is easier to argue they are under control of more than one person. However, it's not enough to prove you knew the drugs were there; that's not enough to convict. There must be something to more to establish that you not only knew they were there, but that you had care or control of them. The legal theory is that you aren't guilty merely because you are present at the time an offense is committed; at least in Texas, you don't have the obligation to report someone if you see them committing an offense (other than offenses involving children). Be aware though that this a difficult defense to establish; most prosecutors are not going to believe you were simply "in the wrong place at the wrong time."

 

Another important issue is the amount of drugs found. It's a lot easier to claim you didn't know about the joint under the seat, than 50 pounds of marijuana in the back seat.

 

For a more detailed discussed, see Just Because It’s Not On You, Doesn’t Mean You Can’t Be Charged

   

    2.23 Having someone claim the marijuana belonged to them

 

If the marijuana is not yours, most people think all they have to do is get another person to own up and admit it belonged them.  Unfortunately, more often than not, that is not enough to get the case dismissed.

 

To understand the reason why, remember the discussion about joint possession above. Just because one person claims the marijuana belonged to them, doesn’t mean that others cannot also be considered “in possession.” One person can claim ownership, but that usually is not going be enough. Although merely be present and knowing the marijuana is there doesn’t make you guilty, it makes proving your innocence a lot more difficult. If the police don't smell marijuana (which almost never happens) and the marijuana is is not plainly visible, you might have chance.

 

Prosecutors don't usually believe people who admit the drugs are theirs. You probably think that doesn't make any sense, since they are admitting guilt, and I would probably agree with you. However, they look at it as one person who knows they are guilty trying to help a friend out. They don't have anything to lose, so why not try to do something for someone else.

 

For a more in-depth discussion of this, see our post The Dope Belonged to my Friend. How can I get my Charge Dismissed?

 

2.3 Illegal Search and/or seizure

 

  One of the most common reasons for continuing a traffic stop is the smell of marijuana. The usual scenario is that you are pulled over for a minor traffic violation. As he's walking up to the car, or while talking to you and getting your information he claims to smell marijuana. That will give them cause to investigate further, which usually ends up in a search of your car.
 

The obvious problem with a search based on the smell of marijuana is that there is no way to prove the officer didn't smell it; which means an officer can make it up and you have no way to prove it. Even if they didn't find marijuana they will claim that it must have been in the car earlier. Of course if they don't find anything you probably aren't going to be in court anyway. Some police officers seem to have a highly developed sense of smell. There have even been officers who claim to be able to smell it as a car passes by them. If you don't believe me, check out this article Supercops—Able to Smell Marijuana from a Passing Vehicleince the smell of marijuana allows the police to search your car, this is reason number one Why you Shouldn’t Smoke in Your Car

 

The police come by and see someone in a car - maybe in a cloud of smoke. Not being idiots, they go to check - which they are allowed to do. The soon to be defendant rolls down the window, and as you would guess, he smells marijuana. He then gets you out of the car, searches it, and finds your stash. You then get an escorted trip to the jail.

 

The problem a lot of people have - especially students - is that you live with, or around other people. If you don't want someone to know what you're doing, you have to get away. You might think your car would be a good choice - it's probably not. Police are not stupid, and they know people go out to their cars to ligtht up - and do other things. So if they see someone sitting in a car and not going anywhere, they are curious. They have a right to investigate, so they are going to try and find out what is happening. If they don't smell it when they walk up to the car, they are going to smell it when you either get out, or roll down the window. Most people don't realize that is enough to give them a legal reason to search your car. And unless you left your stash someone else, they are going to find it.

 

The same result occurs when you smoke pot while you are driving. If you are unlucky enough to get stopped for something, they are going to smell the marijuana, and your car is going to get search.

 

Once you arrested, it is extremely difficult to challenge the search. As you might guess, it's almost impossible to prove the officer didn't smell marijuana - even if they don't find anything. Unfortunately, that can be abused, but that's another article. What you  need to know is that if the officer smells marijuana he can search your vehicle, even if you don't give consent. So don't do it.

 

    2.31 Traffic stops

 

The majority of arrests for possession of marijuana are the results of traffic stops. That means it’s important to your case to look at the facts, and determine whether the police had a legitimate reason to stop you. If they didn’t you may be able to challenge the search the led to finding the marijuana.

 

What is Reasonable Suspicion?

 

The legal standard for most traffic stops  is “reasonable suspicion”. This standard applies to police encounters short of an actual arrest. Since your freedom is being infringed on – even if just for a little while – there must be a reason to do so. The standard the courts will apply is “reasonable suspicion.” So what does that mean?

 

Here’s an excerpt from an opinion by the Houston Court of Appeals in State v. Bernard, 503 S.W.3d 685 (2016):

 

A warrantless automobile stop is a Fourth Amendment seizure analogous to a temporary detention, and it must be justified by reasonable suspicion. Berkemer v. McCarty, 468 U.S.420, 439, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984); see Derichsweiler v. State, 348 S.W.3d 906, 914 (Tex. Crim. App. 2011). The reasonableness of a temporary detention is determined from the totality of the circumstances. Leming, 493 S.W.3d at 562; Zuniga–Hernandez v. State, 473 S.W.3d 845, 848 (Tex. App.–Houston [14th Dist.] 2015, no pet.). If an officer has a reasonable basis for suspecting a person has committed a traffic offense, then the officer legally may initiate a traffic stop. Id. Reasonable suspicion is present if the officer has “specific, articulable facts that, combined with rational inferences from those facts, would lead [the officer] reasonably to conclude that the person ... is, has been, or soon will be engaged in criminal activity.” Derichsweiler, 348 S.W.3d at 914; Zuniga–Hernandez, 473 S.W.3d at 848. “An officer's stated purpose for a stop can neither validate an illegal stop nor invalidate a legal stop because the stop's legality rests on the totality of the circumstances, viewed objectively.” Id.

 

Unless you’re a lawyer, you probably wonder what all that means. Basically, it means the officer has to have a reason he can put into words as to why he thinks you committed an offense. Speeding cases are pretty easy when radar is involved – "I was using my radar, and clocked the car going XX." Most traffic offense are also pretty simple – "he didn’t use a turn signal when changing lanes," or making a turn, or didn’t stop at a stop sign.

 

The harder cases (and better cases for defense lawyers) are when the stop involves some subjective determination – such as following too close, or failing to signal 100 feet before turning. Generally those decisions are based on estimates – which must be reasonable.

There also can be issues when the interpretation of a statute is involved.

 

Something people are sometimes surprised to learn is that the subjective intent of the officer is not an issue. For example, an officer might see you driving down the highway and think you look like a drug dealer so he starts following you. He cannot stop you because of his suspicions, but if you commit a traffic offense while he’s following you that’s fair game. It also can go the other way. The officer may believe you’ve committed a certain offense, but if his interpretation of the law is wrong, that doesn’t validate the stop.

 

In case you’re wondering, reasonable suspicion is not enough to justify an arrest. There is higher burden required to actually place you in custody, which is probable cause.

 

3.0 Legal possession of marijuana

 

Although there is a Texas statute that allows for medical marijuana, its application is extremely limited. So far, I haven’t seen anyone who had a prescription. That may change, as you would expect the legislature to authorize more uses the next time it meets. But for now, if you have marijuana you are breaking the law.

 

    3.1 Prescriptions for marijuana

 

Since you can’t get a prescription for marijuana in Texas, what if you have  a prescription from another State. For everything besides marijuana, you would be safe. However, marijuana is an exception since you cannot legally possess it in Texas. If you bring marijuana purchased with your prescription to Texas, you can still be prosecuted. The good news is that most prosecutors are willing to work with you in that situation. While they may not give you a pass and dismiss the case, they might agree to reduce it to a lesser charge. That is generally limited to situations where: 1) you have a valid prescription, and 2) and you purchased the marijuana with that prescription. If you simply have a prescription that is not generally not going to be persuasive to most prosecutors. In other words, just because you have a valid prescription doesn’t mean you can buy marijuana from someone on the street.

 

    3.2 Marijuana purchased legally in another State

 

The other issue that arises is marijuana that is legally purchased in other States. Colorado is the best example. If you don’t think this a big deal, take a drive on any highway near the Texas border with Colorado. It seems like there are lawyer billboards every 100 feet offering to represent you. Most people know this, but just because you legally purchase marijuana, doesn’t make it’s possession in Texas. And there aren’t many prosecutors who are going to feel sorry for you. So, if you buy pot in Colorado or some other state, use it all before you come back.


For more information, check out the following resources on our site:
 

Videos

Can more than one person possess something?

Contesting the search of your car

Can police search my car if they smell pot?

Whether or Not You Knew You Had a Controlled Substance…

Just Because It’s Not On You, Doesn’t Mean You Can’t Be Charged

Supercops—Able to Smell Marijuana from a Passing Vehicle

Why you Shouldn’t Smoke in Your Car

Drug Possession Defense Cases Require Great Legal Skill

Can I Be Arrested if my Friend Has Pot?

What is Reasonable Suspicion?

The Dope Belonged to my Friend. How can I get my Charge Dismissed?

 

 

Walter Reaves
Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.