Can I Be Arrested For Mailing Marijuana In Texas?
With more states legalizing marijuana, some people find themselves forgetting that marijuana is still illegal in Texas and on a federal level. And even in states where marijuana is legal, there are often a lot of restrictions on the use of the drug, including where it can be possessed and how it can be transported. Because of this, individuals can be arrested for mailing marijuana.
In Texas, sending marijuana through the mail is a serious offense, and criminal charges can follow. In order to protect your rights after a charge of mailing illicit substances, talk to a Houston criminal lawyer.
Penalties for Mailing Illicit Substances
Under Texas law, it is illegal to transport or deliver any controlled substance knowingly, and this includes marijuana. Because of this, when a person is found to be mailing marijuana in Texas, they can face criminal charges. Whether the charges will be a misdemeanor of a felony will depend on the amount of marijuana.
- Class B misdemeanor. If the amount of marijuana is less than two ounces, it will likely lead to a Class B misdemeanor charge, an offense that carries a penalty of up to 180 days in jail and a fine of up to $2,000.
- Class A misdemeanor. When the amount of marijuana being transported is over two ounces but less than four ounces, the charges are elevated to a Class A misdemeanor, which carries a penalty of up to one year in jail and a fine of up to $4,000.
- Felony charges. Large amounts of marijuana being transported, four ounces or more, result in felony charges. Severity of penalties will vary as other factors, such as if the offender has prior drug convictions and if there is significantly more than four ounces of marijuana, need to be reviewed.
If you are facing charges for mailing marijuana in any amount, large or small, it’s important to seek the help of an experienced criminal defense lawyer to understand the charges against you and explore your defense choices. For example, if the evidence against you was not gathered legally, your lawyer could assert that it was an illegal search and seizure and the charges should be dropped.
Felony Charges Can Lead to Fines and Prison
When the amount of marijuana involved in a charge is not a lot more than four ounces, specifically between four ounces and five pounds, you could be charged with a state jail felony. If you are convicted, the penalties could include 180 days to two years in state jail and a fine of up to $10,000.
But if the marijuana amount is more than five pounds, prison is possible. Third-degree felony penalties follow for five to 50 pounds of marijuana, second-degree felony penalties for marijuana amounts between 50 and 2,000 pounds, and first-degree felony consequences if the amount of marijuana is 2,000 pounds or more.
Do you want to learn about defense strategies because you are facing charges for mailing marijuana? Speak to the legal team at Ayson Law Firm. Contact us today for a free consultation.