Drug Crimes Attorney Located In Irving 

Asserting Your Rights in the Face of Drug-Related Charges

Kelley Legal handles a range of drug-related crimes, including marijuana offenses and the possession of drug paraphernalia. The criminal punishment for possession of marijuana varies greatly depending on the amount of marijuana and the county where your case is being prosecuted. It is also important to note that even a paraphernalia conviction can have serious immigration consequences, so Kelley Legal will make sure that you understand all the consequences of a plea bargain before signing. Don’t go into your drug crime case without an experienced and informed legal professional.

Contact Kelley Legal to get started on your drug crimes defense case. 

Texas’ Marijuana Laws

Texas classifies controlled substances into different “schedules,” with Schedule I being the most severe category, containing drugs with a high potential for abuse and no recognized medical value. Marijuana is categorized in the state as a Schedule I drug, and recreational use of weed is illegal throughout Texas. Texas also has not legalized medical marijuana except in special cases where qualified doctors may prescribe low-THC cannabis to patients with certain conditions (e.g., epilepsy, autism, cancer, or PTSD). 

Anyone who knowingly or intentionally possesses marijuana without legal approval will face serious consequences. 

The penalties for marijuana possession vary depending on the amount in possession: 

• Two ounces or less: Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine
• Two to four ounces: Class A misdemeanor punishable by up to one year in jail and a $4,000 fine
• Four ounces to five pounds: State jail felony punishable by 180 days to two years' imprisonment and a $10,000 fine
• Five to 50 pounds: Third-degree felony punishable by two to 10 years in prison and a $10,000 fine
• 50 to 2,000 pounds: Second-degree felony punishable by two to 20 years in prison and a $10,000 fine
• More than 2,000 pounds: Life in prison or five to 99 years in prison and a $50,000 fine

The penalties are even more severe for distributing or possessing marijuana with the intent to distribute: 

• 0.25 ounces or less: Class B misdemeanor (if giving away the marijuana without payment) punishable by up to 180 days in jail and a $2,000 fine; Class A misdemeanor (if selling the marijuana) punishable by up to one year in jail and a $4,000 fine
• 0.25 ounces to five pounds: State jail felony punishable by 180 days to two years' imprisonment and a $10,000 fine
• Five to 50 pounds: Second-degree felony punishable by two to 20 years' imprisonment and a $10,000 fine
• 50 to 2,000 pounds: First-degree felony punishable by life in prison or five to 99 years in prison and a $10,000 fine
• More than 2,000 pounds: Life in prison or 10 to 99 years in prison and a $100,000 fine

If a felony-level drug offense occurred in a drug-free zone like a school, playground, or near a youth center, the penalty level may increase by one. 

Possession & Distribution of Drug Paraphernalia

The drugs themselves are not the only criminalized items in a drug crime. It is also against the law to knowingly or intentionally use or possess drug paraphernalia. Drug paraphernalia refers to anything used to grow, harvest, process, sell, store, or use drugs.

Possession of drug paraphernalia is a Class C misdemeanor punishable by up to $500 in fines. Selling paraphernalia is a Class A misdemeanor that could result in up to one year in jail and a $4,000 fine. If the items are sold to a minor, the offense can be charged as a state jail felony punishable by 180 days to two years in prison and $10,000 in fines.