Texas law is very strict when it comes to drug offenses, and marijuana is no exception. Even though this substance has been legalized in several other states, and it is generally considered to be no more harmful than alcohol, it continues to be treated as an illegal controlled substance in the Lone Star State. Residents of Texas could potentially face charges related to both marijuana and products containing THC. While possession of these substances can result in significant penalties, the consequences of a conviction for delivery of marijuana or THC products can be even more severe. If you have been arrested or charged with distributing marijuana products in Texas, you could be facing jail time, fines, and a criminal record that can follow you for years.

Criminal Charges for Marijuana Delivery

Under the Texas Controlled Substances Act, the offense of "delivery of marihuana" involves knowingly and intentionally transferring marijuana to someone else, including by selling the drug or giving it to others. The minimum charge, which will apply when in cases involving delivery of 1/4 of an ounce or less without receiving anything in return, is a Class B misdemeanor. A conviction can result in a sentence of up to six months in jail and a maximum fine of $2,000.

Penalties become more serious in situations involving payments or compensation for delivering marijuana. Receiving monetary payments or anything of value in return for delivering 1/4 of an ounce of marijuana or less is a Class A misdemeanor, and a conviction may result in up to one year of prison time and a maximum $4,000 fine. Higher amounts of marijuana will result in felony charges. Delivery of 1/4 of an ounce to five pounds is a state jail felony, which carries a prison sentence of 180 days to two years. Five to 50 pounds will result in second degree felony charges, and a conviction will carry a sentence of two to 20 years. 50 to 2,000 pounds will result in first degree felony charges, and a person may face a sentence of five to 99 years. Felony offenses generally have a maximum fine of $10,000. However, in cases involving the delivery of more than 2,000 pounds of marijuana, a person may be sentenced to between 10 years and life in prison and fined up to $100,000.

There are a variety of offenses that can result in criminal charges in Texas, and some of the most common cases involve accusations of theft. While some cases, such as those in which a person is accused of shoplifting, may seem to be minor, any criminal charge should be taken seriously, since a person may face severe fines, imprisonment, and a tarnished record. As a person accused of theft, your future, your career, and your personal life could all be at stake. Depending on the value of the goods or services that were allegedly stolen, Texas law may classify theft and shoplifting charges as felonies.

Felony Theft Charges

In Texas, criminal offenses may be classified as misdemeanors or felonies. A misdemeanor is considered to be a less serious crime that is punishable by up to one year of imprisonment, while a felony is a serious crime that is typically punishable by more than two years in prison. Texas law defines theft as the appropriation of someone else’s money or property without their consent and with the intent of depriving the owner of the ability to possess and use property that is rightfully theirs.

The degree of a theft offense is determined based on the value of the property that was allegedly stolen. In general, theft of property worth less than $2,500 is a misdemeanor. Theft of property valued between $2,500 and $30,000 is a state jail felony, and a person who is convicted may be sentenced to between 180 days and two years in state prison. State jail felony charges will also apply if a person is accused of stealing a firearm or taking property from a grave or a person's dead body.

While each case is different, most DWI arrests follow a predictable pattern: The driver sees red and blue flashing lights in his or her rearview mirror and pulls to the side of the road. Police request his or her license and insurance and ask a series of questions. Usually, one of these questions is, "Have you been drinking?"

If the driver answers affirmatively or the police officer suspects that the driver has consumed alcohol, the officer conducts a Driving While Intoxicated investigation.   If the driver is arrested for driving while intoxicated (DWI) the driver will be asked to provide a sample of breath or blood.  

Many people who have failed a breath test have questions about what happens next. They wonder whether they will automatically be convicted of DWI or if there is any way to fight the charge.

Many states have legalized or decriminalized the use of marijuana or cannabis. However, possession, sale, and cultivation of marijuana remain illegal in Texas - save for specific medical exceptions. It is also strictly against Texas law to drive while under the influence of cannabis.

Driving after smoking or otherwise consuming a marijuana product can lead to charges for driving while intoxicated (DWI). If an individual has cannabis inside the vehicle, he or she can face additional charges for drug possession.

If you or someone you care about has been charged with DWI involving marijuana or another marijuana-related offense, do not make the mistake of underestimating the seriousness of the situation. These offenses can lead to jail time, steep fees, and irreparable damage to your personal and professional reputation. Contact a criminal defense lawyer for help defending yourself against the charges.

When people think of criminal offenses related to drug possession, they often only consider one type of possession: active possession. But there is another type of drug possession that you should be aware of called constructive possession. Understanding the differences between active and constructive drug possession can help you understand your legal rights in the event that you are charged with a drug crime. In this blog, we will take a closer look at active and constructive drug possession in the context of a drug possession case.

What Is Active Drug Possession?

Active drug possession means that an individual has physical control over or immediate access to a drug or controlled substance. It is considered the most common form of drug possession. For example, if the police search your backpack and find drugs in the side pocket, you would likely be charged with active possession because you had physical control over those drugs.

What Is Constructive Drug Possession?

Constructive drug possession occurs when someone knowingly has ownership, dominion, or control over a controlled substance but does not have it on their person. In other words, even though an individual may not physically possess the drug themselves, they can still be charged with constructive drug possession if they allegedly had knowledge about the presence of drugs and intended to exercise some form of control over them.