Hardy Law Group, PLLC
Call Us For A Free Consultation 817-953-6265

Possession of Marijuana: Traveling from Colorado to Texas

MarijuanaStuff.jpg

 

Texas Criminal Consequences of the 420 Pilgrimage

It's no secret that people frequently transport marijuana from states such as Colorado, where both recreational and medicinal use are legal.  In fact, all of the major thoroughfares that connect Texas to Colorado are littered with billboards advertising the services of self-proclaimed weed attorneys.  As it stands now, possession of marijuana in Texas is illegal. If you are one of these individuals who has brought marijuana into Texas or you're thinking about becoming one, you are probably wondering: what is my potential criminal liability if I am caught transporting marijuana from Colorado, for example, into Texas? 

Answer: it depends.  Factors that will impact your potential criminal liability under Texas law include the quantity of marijuana and type. 

What if I'm caught with flower?

Drug violations and laws prohibiting possession of marijuana in Texas are found in the Texas Health & Safety Code.  Under Texas Health & Safety Code §481.121, it is illegal to knowingly or intentionally possess marijuana in Texas. The severity of the potential criminal liability for possession depends on how much marijuana you possess and the type.  Below are the potential consequences for possession of the actual marijuana plant, also known as "flower."  We will discuss criminal liability for other forms of marijuana later in this article.  

·      2 ounces or less of marijuana = Class B Misdemeanor, which carries a range of punishment of up to 180 days confinement in county jail and an optional fine not to exceed $2,000.  

·      4 ounces or less but more than 2 ounces = Class A Misdemeanor, which carries a range of punishment of up to 365 days of confinement in the county jail and an optional fine not to exceed $4,000.

·      5 pounds or less but more than 4 ounces = State Jail Felony, which carries a range of punishment of 180 days to 2 years in the State Jail and an optional fine not to exceed $10,000.

·      50 pounds or less, but more than 5 pounds = Third Degree Felony, which carries a range of punishment of 2 to 10 years of confinement in prison and an optional fine not to exceed $10,000.

·      2,000 pounds or less but more than 50 pounds = Second Degree Felony, which carries a range of punishment of 2 to 20 years of confinement in prison and an optional fine not to exceed $10,000

·      More than 2,000 pounds = First Degree Felony which carries a range of punishment of 5 to 99 years or life in prison and a fine of up to $50,000 (note that the potential fine for this offense is five times greater than the optional fine for most first degree felonies under Texas law).

In addition to confinement in jail or prison, probation is a potential outcome for each of these offenses.

What if I'm caught with extracts or edibles?

What about criminal liability for possessing extracts, edibles or any form of THC other than the plant?  Gram for gram, the penalties are more severe. Under Texas Health & Safety Code § 481.002, "Marihuana" means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

(E) the sterilized seeds of the plant that are incapable of beginning germination.

 

Under Texas Health & Safety Code § 481.103, THC extracts are assigned to Penalty Group 2.  Below are the penalties for possession of a Penalty Group 2 substance:

·     Under a gram = State Jail Felony, which carries a range of punishment of 180 days to 2 years of confinement in the State Jail and an optional fine not to exceed $10,000.

·     1 gram or more but less than 4 grams = Third Degree Felony, which carries a range of punishment of 2 years to 10 years of confinement in prison and an optional fine not to exceed $10,000.

·     4 grams or more but less than 400 grams = Second Degree Felony, which carries a range of punishment of 2 years to 20 years of confinement in prison and an optional fine not to exceed $10,000.

·     400 grams or more = 5 years to 99 years or life with a fine of up to $50,000.

 

No matter how much of an extract you possess (assuming it is a usable amount), if caught, you are facing felony prosecution. And remember that Texas will hold you accountable for adulterants and dilutants. In other words, if you are caught in Texas with a brownie that contains THC extract or an edible, expect the State to charge you for the entire weight, even the part that does not contain THC. 

 

In conclusion, be aware that transporting weed from a state where you legally purchased it can carry serious criminal consequences in Texas, if you're caught. It is no defense under Texas law that you purchased the weed or THC extract legally.  If you do decide to make that 420 pilgrimage and end up taking an unexpected detour to the county jail, contact The Hardy Law Group, PLLC, for aggressive legal representation.

 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Location

701 West Belknap Street
Fort Worth, TX 76102

Phone: 817-953-6265
Fax: 817-423-7404
Map & Directions