If you've been arrested for drugs, you are most likely worried about what impact this is going to have on your future - especially your FREEDOM. You may not have thought possession of a small amount of drugs was a big deal. You found out the hard that Texas takes drug cases seriously, and possession of most substances is a felony - even for small amunts.

For example, possession of even a trace amount of things like methamphetamine, cocaine and heroin is a State Jail Felony. If you have more than one gram it's more serious, and the punishment ranges go up depending on the amount you have. You might only have a little more than one gram, but you are looking at a Third Degree Felony, which carries anywhere between 2 and 10 years in prison.

The punishment for THC is something that surprises - and even shocks - most people. Possession of any amount is a felony offense. What's what, the amount is determined by the total weight of whatever the THC is in. Since most THC is contained in things like edibles and oils, you can be looking at a serious felony; and it makes no difference that there is only a small amount of THC in the product.

Even though possession of small amounts of marijuana is legal in many places, its still against the law in Texas. No matter what you may think about the wisdom of that, it is not something you should take seriously. Possession of any amount of marijuana is still a crime in Texas, and is something that can land you in jail.

Too often people don't take this seriously, and believe it is something you can handle yourself. If you have no prior record, you are probably going to get probation. Some people see that, and wonder why they should waste money on a lawyer. There are at least two reasons for that.

First, if accept an offer of regular probation on a marijuana charge, your driver's license is going to be suspended. Possession of marijuana is still a "drug charge", which triggers an automatic license suspension. By the time you realize that - which is when you get your notice from DPS, it's too late to do anything about it. There is a way around that, which is to be placed on deferred adjudication instead of regular probation. Unless you have a lawyer though, you probably aren't going to know to ask for that.

Second, there are ways to get the charge dismissed, so you don't even end up on probation. In McLennna County, there is a pre-trial diversion program. Is this is your first offense, there's a chance you can get accepted into the program, which will mean the charge will be dismissed. There are conditions attached to that, but the benefits far outweigh the negatives.

Finally, you might have a defense. Marijuana charges usually come out of some type of encounter with police like a traffic stop. If the police didn't have a legal reason to stop you in the first place, whatever they found as a result of that stop must be thrown out.

Your future is too important to gamble with. Don't make your one mistake worse by not taking it seriously. Hire a lawyer -  you'll be sorry later if you don't.

If you would like to talk with us about handling your case, give us a call at **, or fill out the contact form on this page.

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Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.