A lot of people assume marijuana possession is basically legal now, or at least that nobody gets arrested for a little bit of it. In Galveston County, that's not the case. People get pulled over in Friendswood, League City and on the Seawall, the officer finds marijuana in the car, and they go to jail.
Here's the punishment range for possession of marijuana in Texas, what a conviction really costs you, and how we work to keep the case off your record.
Still an arrestable offense
Possession of marijuana is still an arrestable offense in Texas. I see it constantly with people who come from other states or other parts of the country, for the beach or a conference, and get stopped for a traffic violation with marijuana in the vehicle.
Where you're arrested matters. Houston doesn't even enforce the misdemeanor marijuana laws. Galveston County still does. So does Montgomery County north of Houston, and a lot of other places around the state. Friendswood sits right on that line, and in the Galveston County part of town, it's being enforced.
The punishment range is based on weight
The Texas Health and Safety Code classifies marijuana as a controlled substance and sets the punishment by weight:
- Less than 2 ounces: Class B misdemeanor. Up to 180 days in jail and a fine of up to $2,000.
- 2 ounces to 4 ounces: Class A misdemeanor. Up to 1 year in jail and a fine of up to $4,000.
- 4 ounces to 5 pounds: Third-degree felony. 2 to 10 years in prison and a fine of up to $10,000.
- 5 pounds to 50 pounds: Second-degree felony. 2 to 20 years in prison and a fine of up to $10,000.
- Over 50 pounds: First-degree felony. 5 to 99 years in prison and a fine of up to $50,000.
The case we see most often is the Class B, under 2 ounces. That's still up to six months in jail and a $2,000 fine.
What about my driver's license?
There used to be driver's license suspensions that went along with marijuana cases. On a first offense, you're not likely to run into a driver's license suspension now.
The consequences that outlast the sentence
The jail range is only part of it. A marijuana conviction can follow you:
- Your record. A conviction can affect your job opportunities for years, because employers run background checks.
- Drug counseling. Courts may require a drug treatment or education program that can run from a few weeks to several months.
- Probation. Many first-time offenders can get probation instead of jail, but it comes with strict conditions you have to follow.
First-time offenders may also be looked at for deferred adjudication, which can keep a conviction off the record. The amount matters too. Smaller amounts, for personal use, generally lead to lesser charges.
The goal: dismissal and off your record
The question I get most is, "Can I get a possession of marijuana arrest off my record?" The answer is yes. Most of the time, what we're working toward on these cases is a dismissal. Here's how.
The stop. An officer can't stop a vehicle for no reason. They can stop it for any lawful reason, meaning they believe a crime or a traffic offense is happening or about to happen. The first thing we do is pull the dash camera and body camera video from the day of the stop and see if the officer actually had reasonable suspicion.
The search. Officers can search a vehicle with probable cause, and the odor of marijuana has been held to be probable cause for a search. We look hard at the reason for the search.
Fruit of the poisonous tree. If the stop wasn't supported by reasonable suspicion, or the search wasn't supported by probable cause, that's a violation of your rights under the Texas Constitution and the United States Constitution. That illegal police activity poisons the rest of the evidence. Even if they found something, and even if you admitted it was marijuana and it was yours, the case can still be dismissed.
Dismissal by agreement. Even if there's no clear legal problem with the stop or the search, we may still be able to get the case dismissed by agreement with the prosecution. That's why we always ask our clients for mitigating evidence, at least a recommendation letter from someone who knows you and can speak to your good character. When we sit down with the prosecutor on day one, it isn't just their evidence on the table. Ours is there too.
The bottom line
In Friendswood and the rest of Galveston County, marijuana possession is still enforced and still arrestable. Under 2 ounces is a Class B with up to 180 days and a $2,000 fine, and the range climbs by weight all the way to a first-degree felony. The real cost is the conviction on your record. Between the stop, the search and dismissal by agreement, there are real paths to getting the case dismissed and off your record.
This post is for educational purposes only and is not legal advice.