Desmond Demas, a freshman receiver, was arrested last week for marijuana possession. Law enforcement arrested him for possession of fewer than two ounces of marijuana. He was released after posting a $2,000 bond, and the team has not taken action against the player yet. His arrest makes it clear that even though many states have legalized recreational marijuana, Texas has not.
Simple Marijuana Possession Charges in Texas
Under Texas law, it is illegal to possess any cannabis plant, whether it is a joint, a package containing shredded and dried buds, the plant’s seeds, or a living cannabis plant. In Texas, when a suspect is caught with any amount of marijuana, he or she can face charges. Even when someone is caught with a tiny amount of marijuana, prosecutors can charge them with a misdemeanor offense.
The Penalties for Marijuana Possession in Texas
The penalties for marijuana possession are less severe than the penalties for other drug possession types, such as cocaine or marijuana. However, you will still face the possibility of jail time if you are charged with marijuana possession. Possession of 2oz or less of marijuana in Texas is a Class B misdemeanor. Those convicted face up to 180 days in county jail and a fine of up to $2,000. Other penalties for marijuana possession are as follows in Texas:
Possession of between 2oz and 4oz of marijuana is a class A misdemeanor that carries a penalty of not more than one year in county jail and a fine of not more than $4,000
Possession of 4oz to 5 lb of marijuana is a state jail felony in Texas. This crime carries a penalty between 180 days to two years in a state jail and a fine of up to $10,000
Possession of 5lb to 50lb of marijuana is a third-degree felony in Texas. This crime carries eight state prison sentence between two and 10 years and a fine of up to $10,000
Possession of over 5 lbs of marijuana but less than 2,000lbs is a second-degree felony that carries a state prison sentence between two and 20 years and a fine of up to $10,000
Possession of over 2,000lb of marijuana is an enhanced first-degree felony that carries a prison sentence between five and 99 years and a fine of up to $50,000
Texas Prosecutors Take Marijuana Crimes Seriously
As other states relax their laws regarding recreational marijuana, Texas prosecutors continue to crack down on marijuana crimes. You may assume that since you had less than two ounces of marijuana, a conviction will not affect your future. However, your license could be suspended for up to six months and you could face up to 180 days in county jail if convicted. You also have to deal with the consequences of having a criminal record, limiting your job and educational opportunities. If you are facing a marijuana possession charge, you need an experienced criminal defense lawyer. Contact Abel Law Firm today to schedule your initial consultation.