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Even On 4/20 Marijuana Is Still Illegal In Texas

 Posted on April 18, 2020 in Uncategorized

4/20 is Marijuana Day! Who would have thought ten years ago that in April 2020 the government would require most of us to "social distance" at home and only essential businesses would be open. It is mind blowing how far the legalization movement has come that some states would consider marijuana dispensaries essential businesses! As long as the federal government considers marijuana a Schedule 1 Drug, it will be up to individual states to determine the legality of marijuana. Unfortunately even on 4/20 Texas still considers possession of any amount of marijuana illegal.

Where and When Did 420 Start?

There are different version of the beginning of 420, but one of the most popular is that a group of friends in California called the Waldos would use 420 as a reference to smoking weed. The story goes that the Waldos would meet at 4:20 after school to toke up and search for a mystery crop of marijuana. 420 has become so popular that a main stream newspaper USA Today wrote an article about the origins of 420. The Waldos have created a website documenting their first use of the term 420.

The term 420 seems to have disappeared during the mid 1970s until around 1990. High Times published a timeline of the use of 420 that can be found here. In 1990 a mysterious flyer was circulating promoting 420 at Grateful Dead shows.

What is the Penalty for Possession of Marijuana in Texas?

If you are arrested for possession of marijuana, you could be facing some serious penalties. The punishment you receive depends on the amount/weight of the marijuana you are accused of possessing. Under the Texas Code of Criminal Procedure, the penalties for possession are as follows:

  • Possession of paraphernalia – Class C misdemeanor, with up to a $500 fine;
  • Possession of 2 oz. or less – Class B misdemeanor, up to 180 days in jail and a fine of $2,000;
  • Possession of 2 to 4 oz. – Class A misdemeanor, up to a year in jail and a $4,000 fine;
  • Possession of between 4 oz. and 5 pounds – state jail felony, with a range of punishment between 180 days to 2 years in prison plus a $10,000 fine;
  • Possession of 5 to 50 lbs. – third-degree felony, range of punishment of 2-10 years in prison and a fine of $10,000;
  • Possession of between 50 and 2,000 lbs. – second-degree felony, range of punishment 2-20 years in prison and a $10,000 fine;
  • Possession of more than 2,000 pounds – first-degree felony, range of punishment of 5-99 years and $50,000 fine

What is the Penalty for Possession of THC Oil, Wax, and Concentrates?

In Tarrant County, it is a felony to “knowingly or intentionally possess a controlled substance” in penalty group 2. All illegal substances are placed in certain penalty groups and THC is listed in penalty group 2. You could face a state jail felony charge if you are arrested for possession of a substance in penalty group 2 of less than one gram of THC wax, oil, or concentrates in Texas; a third-degree felony charge for one to four grams; and a second-degree felony for four to 400 grams. Possession of any illegal drugs including possession of even the smallest amount of THC oil in a vape pen could result in a felony charge.

Arrested for Possession of Marijuana?

Marijuana is still illegal in Texas even on 4/20! If you have been arrested for Possession of Marijuana you need an attorney experienced in handling drug charges in Tarrant County. Call The Dameron Law Firm at 817-222-0624 immediately to discuss your criminal charges!

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