Dallas Drug Possession Defense Lawyer
The world is changing pretty fast when it comes to marijuana. In Texas, however, marijuana is still very much illegal. If you have been arrested for possession of marijuana or delivery of marijuana, you have a lot on the line. Convictions for drug crimes carry harsh consequences in Texas. For example, you can end up with jail time, substantial fines, and a permanent record if you’re not careful. Furthermore, many people aren’t even aware of some of the other consequences of drug conviction. The state could suspend your driver’s license and you could become ineligible for financial assistance. An experienced Dallas marijuana defense lawyer can help protect your rights.
Dallas Marijuana Defense Lawyer
At the Law Office of Mike Howard we have a proven track record of success both inside and outside the courtroom getting results for our clients. We understand that innocent people can get charged and convicted in Dallas. Moreover, good people who’ve simply made a mistake can get railroaded into a terrible outcome. It is essential to have a dedicated Dallas marijuana defense lawyer fighting for you.
The good news is the prosecutor must prove their allegation beyond a reasonable doubt. This is the highest burden of proof in our justice system. The court must find you not guilty if the prosecutor cannot rule a single reasonable doubt. This can be a powerful defense when implemented by a skilled Dallas possession of marijuana attorney. Finally, a strong defense can lead to fantastic outcomes. For example, acquittal, rejection of charges, diversion, dismissal, reduction of charges, or deferred probation are all possible.
A Different Kind of Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of lawyer you’ve come to the right place.
Our Case Process
Listen & Understand
Fight for Justice
Marijuana Charges in Dallas
A person commits possession of marijuana (Texas Controlled Substances Act § 481.121) if they intentionally or knowingly possess marijuana. The marijuana must be “a usable quantity.” Possession means actual care, custody, control, or management. If you are knowingly holding someone else’s marijuana, you are in legal possession of it.
A person commits delivery of marijuana (Texas Controlled Substances Act § 481.120) if they intentionally or knowingly deliver marijuana. Delivery means to transfer, actually or constructively, to another. This can include a controlled substance (including counterfeit) or drug paraphernalia. Delivery also includes offering to sell marijuana.
No Medical Marijuana in Texas
Texas does not recognize medical or recreational marijuana. It does not matter if it was purchased or brought from a state where it is legal. Moreover, there are very strict laws for the compassionate use of CBD. Compassionate use is very limited and applies to only people with qualifying medical conditions.
Beware of CBD
CBD is being sold nearly everywhere and is touted as if it were legal. Unfortunately, the reality is that in Texas any traceable amount of THC makes it illegal. CBD with any detectable amount of THC in it falls under penalty group two of the Texas Controlled Substances Act. THC oil offense punishments include:
- less than 1 gram is a state jail felony.
- 1 gram – 4 grams is a third-degree felony.
- 4 grams – 200 grams is a second-degree felony.
- 200 grams – 400 grams is a first-degree felony.
- 400 grams+ is an enhanced first-degree felony.
Resources and Information
See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of intentionally, knowingly, etc, defenses to prosecution, and more.
For more information about drug crimes, see our drug crimes page. See our drug possession page for more information about possession of a controlled substance. Finally, see our manufacturing, delivery, and intent to deliver page for more information about enhanced drug charges.
Penalties for Marijuana Offenses
Possession of marijuana offense punishments include:
- 2 ounces or less – up to 6 months in jail and up to a $2,000 fine.
- 2 ounces up to 4 ounces – up to one year in jail and up to a $4,000 fine.
- 4 ounces – 5 pounds – between six months and two years in the state jail and up to a $10,000 fine.
- 5 pounds – 50 pounds – between two and ten years in prison and up to a $10,000 fine.
- 50 pounds – 2,000 pounds – between two and twenty years in prison and up to a $10,000 fine.
- more than 2,000 pounds – between five and ninety-nine years or life in prison and up to a $50,000 fine.
Delivery of marijuana offense punishments include:
- 1/4 ounce or less and the deliverer does not receive remuneration – up to 6 months in jail and up to a $2,000 fine.
- 1/4 ounce or less and the deliverer does receive remuneration – up to one year in jail and up to a $4,000 fine.
- Between 1/4 ounce up to 5 pounds – between six months and two years in the state jail and up to a $10,000 fine.
- 5 pounds to 50 pounds – between two and twenty years in prison and up to a $10,000 fine.
- 50 pounds to 2,000 pounds – between five and ninety-nine years or life in prison and up to a $10,000 fine.
- more than 2,000 pounds – between ten and ninety-nine years or life in prison and up to a $100,000 fine.
A Dallas possession of marijuana attorney can fight for you and help you identify and avoid negative consequences of a drug conviction.
Choosing the Right Dallas Marijuana Defense Lawyer
Searching for marijuana lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. First and foremost, you have to be comfortable with them. It’s absolutely vital that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Furthermore, do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you or who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t’ communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach: a knowledgeable client is a happy client, so we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas Marijuana Defense Lawyer Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas marijuana defense lawyer fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas possession of marijuana attorney has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.
A Proven Track Record
Dallas Possession of Marijuana Attorney
M.S. – Possession of Marijuana
Our client was a young man who simply got caught with a little marijuana on him. Rather than let it change the trajectory of his entire life, we got him into a diversion program and got the case dismissed.
L.G. – Possession of a Marijuana 4oz – 5lbs
Our client had a felony weight of marijuana on him. This case could’ve wrecked his life completely. We were able to convince the prosecutor to reduce his case to a misdemeanor and avoid a conviction altogether. In the end, his case was dismissed.
J.D. – Possession of Controlled Substance (THC)
Our client was a nurse who had one bad night that ended up with the police showing up. She had a vape pen with some THC oil in her purse. She used it to help her cope with the debilitating side effects of her cancer. They arrested her and charged her with felony possession. They charged her with bringing a controlled substance into a jail after they didn’t search her properly. We got the prosecutor to dismiss all charges.
J.G – Possession of Marijuana
Our client was after getting pulled over with some friends in the car. The police ended up charging our client with possession of marijuana. We got the prosecutor to reject the case entirely.
Awards and Accolades
Disclaimer: The information here is not legal advice. Reading this site does not create an attorney-client relationship with Dallas possession of marijuana attorney Mike Howard. If you have a legal problem contact an attorney to get specific legal advice. Nothing on this site is intended to be legal advice or a substitute for legal advice.