Marijuana And Harris County Diversion Programs
Marijuana laws in Texas are some of the strictest in the country, and individuals in Houston should be aware of the potential consequences of possession charges. Whether you’re a local resident or just visiting, understanding the difference between misdemeanor and felony possession is key.
When you talk to a Houston criminal lawyer you can learn more about your legal options available following a marijuana arrest. Doing so can help you make informed decisions.
Possession Laws and Possible Penalties
Despite growing national acceptance of marijuana, Texas law still classifies possession as a criminal offense. The penalties vary depending on the amount.
- Possession of two ounces of marijuana or less. This is Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
- Less than four ounces of marijuana but more than two. A Class A misdemeanor will be enforced if a person is in possession of this amount. This misdemeanor is punishable by up to one year in jail and a $4,000 fine.
- An amount from four ounces to five pounds. With amounts moving into pounds of marijuana, charges are a state jail felony, leading to 180 days to two years in a state jail and fines up to $10,000.
- Five to 50 pounds. When marijuana amounts are exceptionally large, it will be a third-degree felony, punishable by two to ten years in prison and up to a $10,000 fine.
Larger amounts carry harsher penalties because they are often connected to a person’s intent to distribute, meaning the amount of the drug is more substantial than what would be used for personal use. The amount leads the law to deduce the individual has a desire to sell or distribute the drugs.
Harris County Diversion Programs
There have been steps taken in Harris County to ease penalties for minor marijuana possession offenses. For example, the Marijuana Diversion Program (MDP) allows individuals caught with up to four ounces of marijuana to avoid formal charges by completing an education or community service program. If completed successfully, no criminal record is created.
This program differs from some in other Texas counties, where individuals may still face misdemeanor charges even for first-time offenses. Additionally, other states have broader decriminalization policies or even legalized marijuana, meaning a similar charge in another jurisdiction might result in a simple fine instead of potential jail time.
But it’s important to recognize that even with diversion programs available, marijuana possession charges can have serious consequences. Some have experienced loss of employment opportunities, a disruption of student loan eligibility, and even immigration status complications as a direct result of marijuana charges.
A Houston criminal lawyer can review the details of your case and share paths forward with you. There may be the possibility of a charge reduction or participation in a diversion program in order to avoid jail time.
Are you facing marijuana possession charges? Don’t make assumptions about next steps, talk to the seasoned attorneys at Ayson Law Firm. Contact us today to discuss your options and protect your future.
