Marijuana and Paraphernalia Possession in Texas
In Texas, marijuana is illegal. While states around America have legalized cannabis for recreational use, this is not true in the state of Texas. Since 1923, Texas has prohibited marijuana possession. In fact, for many years Texas carried possession sentences that were tougher than those of other states. Penalties have loosened, but marijuana possession is still illegal. In some specific instances, a low-THC oil is permissible, but this is the exception not the law.
Penalty for a marijuana position charge could result in 180 days in jail. A maximum sentence is rare, but knowing it is possible is an example of the seriousness of the charge. If you or someone you love has been charged with marijuana possession, connect with a Houston criminal lawyer as soon as possible.
Drug paraphernalia, or marijuana paraphernalia, is a term used to categorize items used to make and use drugs. This could include one or all of the following.
- Rolling papers
- Small metal clips, called roach clips
- Water pipes or bongs
- Glass pipes
It is possible to be charged with a crime if you have marijuana paraphernalia on you in the state of Texas. Under the Texas Health and Safety Code, paraphernalia is equipment, material or products that are intended for use with a controlled substance. Paraphernalia charges need to be taken seriously, the penalties can be just as severe as some possession charges, in some situations.
Traffic Stops Can Lead to a Possession Arrest
There are many examples of individuals who are pulled over for another reason, often a minor traffic violation, and end up being arrested for possession. For this reason, it is important for individuals to understand the risk. This means you should not have marijuana on your person or in your vehicle, even if you personally do not believe it is fair that marijuana is illegal in Texas and legal in other states. Marijuana is illegal for recreational use in Texas, and how a person feels about that does not change the facts of the matter.
If you are pulled over, remember you have rights. During an arrest, there are clear legal protections for everyone involved. For example, some of the rights you have include the right to remain silent, the right to a later, the right to documentation of the incident, and the right to be free of wrongful search and seizure.
Drug charges are serious, it is important you take the situation seriously and do what you can to protect yourself. If you were in a situation where you believe your rights were violated, share the details of the event with a Houston criminal lawyer to determine the best path forward.
Are you facing a marijuana possession or paraphernalia charge? Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.