Proposed Changes to TX Marijuana Law in 2023: HB 218

Attorney Tristan LeGrande — Tue, 28 Feb 2023 15:05:45 +0000

Texas representative Joe Moody has proposed a change in state law that would reduce the criminal penalty for small amounts of marijuana. Texas “HB 218,” will be considered by the Criminal Jurisprudence Committee in the Texas House of Representatives this week.

This proposed new law would reduce the penalty for possession of up to one ounce (28 grams) of marijuana to a Class C misdemeanor, with no jail time and a fine of no more than $500. Currently a usable quantity of marijuana, up to 2 ounces (56 grams) is a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.

The new law would also codify a “cite-and-release” system, whereby possession of up to two ounces would not result in custodial arrest if that was the only violation of the law. You can be arrested for any amount of marijuana currently, in most jurisdictions (State law permits it, but some jurisdictions have policies whereby people are not arrested and/or charges are not accepted less than a certain amount). The new law would also sets up an expungement process for possession of up to two ounces with a small fee of $30 (under certain conditions).

ARRESTED FOR POSSESSION OF MARIJUANA or MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases. Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

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Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

Harris County Misdemeanor Marijuana Policy – Do you qualify?

Attorney Tristan LeGrande — Mon, 03 Apr 2017 00:55:12 +0000

The long awaited change has come to Harris County!

If law enforcement finds you in possession of less than 4 ounces of marijuana, you will now be given the option to take a 4-hour class on cognitive decision making instead of going to jail. The class costs $150.

The marijuana will be seized and logged into evidence, and if you do not complete the class, the charges will be filed as usual.

LIMITATIONS to this new policy that YOU SHOULD KNOW

Some important things to know about this program:

It only applies to people found with Marijuana in Harris County under four (4) ounces.
You must be over the age of 17 to qualify for the program
You must have a state issued ID, on your person that you can present to the police at the time you are detained.
It only applies to those caught with Marijuana that are not engaged in any other criminal activity. This means if you are being charged with any other offense besides a violation of the transportation code (speeding, etc.) you will STILL be charged with the Marijuana, and the other offense. So if you are charged with DWI, then you will still be charged with the pot too.
If you are in possession of a firearm without a license, you may still be charged with the possession of marijuana – although there is some ambiguity in the policy in this regard.
It does not apply to you if you are currently on probation or parole. What this means is that if you are currently on probation for any offense, or you are on parole, and you are found in possession of Marijuana in Harris County, charges will be filed.
If you are on bond for another criminal offense, you will still be charged with possession of marijuana.
If there is “sufficient credible evidence” showing you to be engaged in the sale or delivery of marijuana, you will still be charged with the Marijuana. This means if they find you in possession of scales or have your marijuana broken up into multiple baggies, you are very likely to still be charged.
The policy does not apply to those found in possession of marijuana in a “drug free zone,” like a school.
The policy does not apply to those found in possession of marijuana in a correctional facility.
YOU CANNOT BE FOUND IN POSSESSION OF MARIJUANA MORE THAN EVERY 90 DAYS. If you are found in possession of marijuana within this window, you will still be charged with the new possession offense.

So if you are found in possession of Marijuana in Harris County, and meet all of these conditions, you can avoid even having the charges filed! All you have to do is take a drug class within 90-days and they will not even file the charges! How great is that!

CHARGED WITH POSSESSION OF MARIJUANA?

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possession of marijuana – Tristan LeGrande Criminal Defense Blog