Top Marijuana Lawyer in Galveston Questions

Top Marijuana Lawyer in Galveston Questions

Top Marijuana Lawyer in Galveston Questions

Top 10 Marijuana Lawyer Questions in Galveston County: Your Guide to the Law

Marijuana laws can be confusing, especially when you’re facing a possession charge in Galveston County. To clarify the most common concerns, Brian Foley from Galveston Criminal Defense Attorneys teamed up with Luis Baez, the firm’s Trial Bureau Chief, to address the top 10 questions clients ask. Whether you’re wondering about penalties, defenses, or how local laws compare, here’s what you need to know.

1. What Are the Specific Laws Regarding Marijuana Possession in Galveston County?

In Galveston, as in all of Texas, possessing marijuana is illegal under state law. Federal law also applies but is rarely the focus in these cases. The seriousness of the charge depends on how much you have—smaller amounts lead to misdemeanors, while larger ones can mean felonies. It’s simple: possession is against the law, and the outcome varies by quantity.

2. Are Galveston’s Marijuana Laws the Same as the Rest of Texas?

Yes, the rules for marijuana possession are the same across Texas. That said, enforcement isn’t always consistent. A small amount might get you a ticket in Harris or Dallas County, but in Galveston, it could still lead to an arrest. The law itself doesn’t change, but how it’s applied can.

3. How Much Marijuana Turns a Misdemeanor into a Felony in Galveston?

Here’s the cutoff: four ounces or less is a misdemeanor. Anything over four ounces becomes a felony. It’s a clear divide with big implications if you’re caught.

4. What’s the Lowest-Level Felony, and What’s the Penalty?

The starting felony for marijuana possession is a “state jail felony.” If convicted, you could spend six months to two years in a state jail. That’s a significant step up from misdemeanor consequences.

5. Are There Diversion Programs for Marijuana Cases in Galveston?

Yes, there are options. Galveston has a Pre-Trial Intervention Program (PTIP), a diversion path that lets you avoid a formal guilty plea. You and your attorney must apply and persuade the prosecutor to agree. If approved, you can settle the case without probation or a conviction staining your record—a great option for first-timers.

6. Can a Case Be Dropped if Police Mess Up Search and Seizure?

Definitely. If police don’t follow proper search and seizure rules, your attorney can push for dismissal. This might happen through talks with prosecutors or by filing a motion to suppress evidence for a judge to decide. If the search was unlawful, the case could fall apart. It’s a strong angle when the facts support it.

7. What Are the Most Common Defenses in Marijuana Cases?

Two defenses top the list. First, denying possession: prosecutors must prove you had “care, custody, and control” of the marijuana. If they can’t link it to you, the case weakens. Second, disputing the substance: is it marijuana or legal hemp? If tests show it’s not THC, this can turn things around.

8. What About Out-of-State Medical Marijuana Users?

Out-of-state medical marijuana cards don’t carry weight in Texas. You’d need to join Texas’ Compassionate Use Program, which involves seeing a local doctor. Even then, how you store and label it matters—loose marijuana in your car, even with a license, might not save you from arrest in Galveston.

9. What Are the Long-Term Effects of a Conviction?

A marijuana possession conviction can follow you. Expect a possible driver’s license suspension and a record that employers, landlords, or housing authorities might spot. It could make finding jobs or housing tougher, depending on who checks.

10. Why Choose Galveston Criminal Defense Attorneys?

Brian Foley and Luis Baez bring years of experience to the table. They know Galveston’s courts inside out, from building defenses to securing diversions. Whether it’s fighting for a dismissal or softening the impact, they’ve got the skills to guide you through.

Facing a marijuana charge in Galveston County can feel daunting, but knowing the law and your options is the first step to taking control. For expert help, reach out to Galveston Criminal Defense Attorneys—your case deserves their know-how.