Austin Marijuana Defense Attorney

If you are arrested or charged with possession, distribution, or manufacture of marijuana, you need to find a marijuana defense attorney who is familiar with marijuana offenses and knows how a particular county feels about marijuana offenses (some counties are more conservative than others).

The lawyers at Gunter, Bennett & Anthes handle charges such as possession of marijuana to serious felony drug cases like intent to distribute. Based in Austin, we are familiar with each prosecutor’s office in the Central Texas area.

Call (512) 476-2494 or fill out our online contact form to speak with us. You can also learn more about our firm and what sets us apart before reaching out.

Marijuana Possession Charges in Texas

Marijuana is entirely illegal in Texas, and any possession or delivery is considered a serious offense under state law. The consequences for possession of marijuana include fines, jail time, driver’s license suspensions, and a permanent criminal record. The severity of marijuana possession charges varies based on the amount of marijuana found. Also, the level of offense increases if someone is within 1,000 feet of a school or other drug-free zone.

Under Texas law, possession isn’t limited to having marijuana on your person; it includes having access to it, even if it’s not physically on you. To prove a marijuana possession charge, it must be demonstrated that the defendant was aware that the substance was a controlled drug and had control over it, possessing marijuana. Here are the penalties for possessing marijuana:

• Drug Paraphernalia
  • Class C Misdemeanor
  • Up to $500 fine
• Less than 2 ounces
  • Class B Misdemeanor
  • Up to 180 days in jail
  • Up to $2,000 fine
• 2 to 4 ounces
  • Class A Misdemeanor
  • Up to 1 year in prison
  • Up to $10,000 fine
• 4 ounces to 5 pounds
  • Third-Degree Felony
  • Up to 2 years in prison
  • Up to $10,000 fine
• 5 to 2,000 pounds
  • Second-Degree Felony
  • Up to 10 years in prison
  • Up to $10,000 fine
• More than 2,000 pounds
  • First-Degree Felony
  • Up to 99 years in prison
  • Up to $50,000 fine

Collateral Consequences of Marijuana Convictions

Marijuana offenses can severely impact both personal and professional life. The long-term repercussions of a drug conviction can include job loss, difficulty obtaining loans, and damage to one’s overall reputation.

• Impact on Employment: Future employment opportunities can be significantly impacted by a marijuana conviction. Many employers, particularly in certain industries, have strict policies against hiring individuals with drug-related convictions.
• Driver’s License Suspension: A drug-related conviction may result in an automatic suspension of driving privileges. Adults convicted of marijuana possession face a driver’s license suspension period of up to six months, while individuals under 21 may face a one-year suspension.
• Financial Aid and Housing Challenges: A criminal record can hinder your ability to secure financial aid for education or housing. Landlords often conduct background checks, making it difficult for those with drug convictions to secure rental agreements.

Steps to Take After Receiving a Marijuana Possession Ticket

If you have received a ticket in Travis County for Possession of Marijuana, the offense is no less serious and still a Class B Misdemeanor. Here’s what you need to do:

Report to Justice of the Peace

After receiving a marijuana possession ticket in Travis County, you must report to the designated Justice of the Peace, Precinct 5, by the date specified on your ticket. Failure to report can lead to additional legal complications and more serious consequences, including severe penalties.

Personal Bond Process

Once you report to the Justice of the Peace, the judge will see you, sign a personal bond, and direct you to the bonding desk in the courthouse. At the bonding desk, you will undergo the personal bond process, which includes fingerprinting and having your photo taken. This process can take half a day and will be very boring. Make sure you bring something to read.

Preparing for the Court Date

Preparing for your court date is essential. While many cases are resolved through negotiations, it’s still important to be ready. Bring necessary documents, dress appropriately, and be prepared to spend time at the courthouse.

Why You Need a Marijuana Defense Attorney

Marijuana convictions can carry serious consequences. A criminal defense attorney will assess the circumstances of your case, guide you through the legal process, and develop a strong defense strategy tailored to your situation. A knowledgeable attorney can significantly influence the outcome of your case, reducing stress and helping you feel more confident.

Legal Representation and Advocacy

A criminal defense attorney helps protect your rights and present your case effectively in court. They stand by your side during the trial, present arguments, and offer supportive advocacy to ensure fair treatment. A criminal defense lawyer negotiates with prosecutors to seek the best possible resolution for their clients.

Building a Strong Defense Strategy

A marijuana defense attorney will help you build a strong defense. This includes analyzing evidence, assessing the legality of arrests, negotiating with prosecutors, and representing you in court. Our main goal is to seek a dismissal or reduced penalties for our clients.

Navigating Court Procedures

Courtrooms can be intimidating. An experienced attorney provides clarity on what to expect during hearings, helps gather essential documents and evidence, and ensures you are well-prepared for court appearances.

Common Defenses Against Marijuana Charges

The principle of innocence until proven guilty means that the burden of proof lies with the prosecution to demonstrate guilt beyond a reasonable doubt. An experienced criminal defense lawyer can evaluate and develop a tailored defense strategy based on your specific legal options.
First-time misdemeanor marijuana charges often present the possibility of dismissal in exchange for drug treatment. This can be a favorable outcome for those facing minor possession charges.

Lack of Knowledge

If unaware that the substance was marijuana, the defendant can use this as a defense. Lack of awareness of the substance’s presence indicates no mental culpability in possession.

For instance, if marijuana is found in a car and the defendant was merely a passenger with no control over the area where it was found, they might not be considered in possession.

Unlawful Search and Seizure

Another defense is challenging the legality of the search and seizure. If law enforcement conducted an unlawful search, any evidence obtained can be ruled inadmissible, potentially leading to the dismissal of charges.

Mistakes in Lab Testing

Mistakes in lab testing can also be a viable defense in marijuana possession cases. Errors such as contamination, mislabeling of samples, or incorrect processing procedures can significantly impact the case. Additionally, the state must prove that the substance had a TCH level of above a .03%.

Marijuana Charges and Your Record

A marijuana conviction can create a lasting criminal record that may affect employment, housing, and licensing opportunities. A conviction can show up on background checks run by employers, landlords, and licensing boards. For non-citizens, a marijuana conviction can have serious immigration consequences, including deportation or inadmissibility.

If this is your first offense and the charge is relatively minor, there may be options to resolve the case in a way that avoids a permanent conviction. Those options are not automatic, and they require active advocacy from the start of the case. To understand the full scope of what a conviction could mean for your future, review what is at stake with a drug possession charge in Texas before making any decisions about how to proceed.

Frequently Asked Questions About Austin Marijuana Charges

Is marijuana possession still illegal in Austin, Texas?

Yes. While Austin has adopted policies that deprioritize some low-level marijuana enforcement, marijuana possession remains illegal under Texas state law. A person can still face criminal charges for possessing marijuana, and the potential penalties depend on the amount involved and the circumstances of the case.

What happens after a first marijuana possession arrest in Texas?

The outcome of a first marijuana possession charge depends on factors such as the amount of marijuana allegedly possessed, your criminal history, and the evidence available. Depending on the circumstances, possible outcomes may include dismissal, diversion programs, deferred adjudication, reduced charges, or other resolutions that may help avoid the long-term impact of a conviction.

An attorney can review the details of your arrest and determine what options may be available in your situation.

Can a Marijuana Charge Be Expunged in Texas?

In some cases, yes. If charges were dismissed, you were acquitted, or you completed deferred adjudication, you may be eligible for expunction or an order of nondisclosure. Convictions are generally not eligible for expunction, which is one reason avoiding a conviction at the outset matters.

Does Marijuana Possession Affect a Professional License in Texas?

A marijuana conviction can put a professional license at risk. Licensing boards for fields such as law, medicine, nursing, teaching, and real estate are required to consider criminal convictions when evaluating applicants and current license holders. Depending on the board and the severity of the offense, a conviction could result in denial of a license application, suspension, or revocation. If you hold a professional license or are pursuing one, this is one of the most important reasons to fight the charge rather than accept a plea.

Can Police Search My Car For Marijuana in Texas?

Police generally need legal justification to search your vehicle, such as probable cause or another recognized exception to the warrant requirement. If law enforcement conducted an unlawful search, your attorney may be able to challenge the evidence obtained during that search. The odor of marijuana from your vehicle will give the police cause to search your vehicle.

Whether a search was legal depends on the specific facts, including what happened during the traffic stop and what information police had before searching.

Speak with Our Austin Marijuana Defense Attorneys

A marijuana charge in Austin deserves a serious response. Our lawyers at Gunter, Bennett & Anthes, P.C. bring over 65 years of combined experience defending clients against drug charges in Texas. Call (512) 476-2494 today or fill out our online contact form to schedule your free consultation and speak with our team.