MARIJUANA (MARIHUANA) POSSESSION

What is it? Marijuana, also spelled Marihuana in Texas, is one of three main species of the Cannabis Plant, Cannibus sativa.  The major psychoactive chemical compound in Marijuana is d9-tetrahydrocannabinol (which is commonly abbreviated as THC).  Illegal THC and Marijuana is found in many popular forms, from Hashish, Hash Oil, Kief, to the typical dried marijuana plant flowers. Contrary to widespread belief, the actual leaf of a marijuana plant contains a nominal amount of THC, even if dried and smoked. It would take a bushel of marijuana leaves to extract enough TLC to ‘get high.’ Rather, the flowers of the plant are dried and the smoked to ingest THC.

What makes it illegal? Texas Health and Safety Code. § 481.121. OFFENSE: POSSESSION OF MARIHUANA.  (a)  Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

What are the Punishments? While many states are decriminalizing marijuana possession when carreid for personal use under an ounce (decriminlization meaning still illegal, but punishable only with a fine), Texas is sticking to its guns for now. Possession of 2oz or less of Marijuana is a Class B Misdemeanor, punishable by up to 180 days in jail and a fine not more than $2000. The more marijuana possessed, the more harsh the punishment. For instance, 2-4oz is a Class A misdemeanor, meaning up to one year and/or $4000 fines. Between 4oz and 5lbs begins the Felony Marijuana Charges.

Common Criminal Cases Involving Marijuana: The most common marijuana arrests are the result of being stopped, detained, or arrested for other charges. Upon a search by the officer, marijuana is usually found in a person's pocket, bag, or their car. Sometimes a bag or marijuana is carelessly left sitting on the car dashboard or on the center console, in plain view. Aside from searches revealing marijuana, the other most common arrest involves smoking in an area frequented by other people, such as in a car outside a bar or club, or in a university dormatory or nearby apartments.

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