San Antonio Marijuana Possession Defense Lawyers – Protecting Your Rights & Future

In Texas, the legal landscape surrounding marijuana remains strict and unforgiving.

While public perception and laws in other states have shifted, possession of any amount of cannabis in Texas is a criminal offense with serious, life-altering consequences. At Barton & Associates, Attorneys at Law, we understand the confusion and fear that follows a marijuana arrest. Whether you are facing a misdemeanor charge for a small amount or a severe felony for larger quantities, the state will prosecute you aggressively. A conviction can derail your education, career, and personal life with fines, jail time, and a permanent criminal record. Led by dedicated defense attorney Gary J. Barton, our team is committed to fighting these charges and protecting your future. We know the nuances of Texas marijuana law and will build a powerful defense to secure the best possible outcome for your case.

Understanding Marijuana Possession Under Texas Law

Texas law defines marijuana broadly as the plant Cannabis sativa L., its seeds, and any compound or preparation made from it. The offense of possession is not as simple as being near the substance; the prosecution must prove specific legal elements beyond a reasonable doubt.

The Two Key Elements the State Must Prove:

• Care, Custody, Control, or Management (Possession): The state must show you exercised control over a “usable amount” of marijuana. This does not require the drugs to be on your person. “Constructive possession” applies if the marijuana was in a location you controlled, such as your car or home, and there is evidence linking you to it. Merely being in proximity is insufficient for a conviction.
• Intentional or Knowing Possession: You must have known the substance was marijuana and intentionally possessed it. The state often uses circumstantial evidence to argue this, such as your behavior, statements, or the location and packaging of the substance.

This high burden of proof is a critical vulnerability in the state’s case. An experienced defense attorney can challenge the evidence used to establish both possession and knowledge.

Severe Penalties: From Misdemeanor to Felony

The penalties for marijuana possession in Texas escalate dramatically based on the amount possessed. Unlike some states that have decriminalized small amounts, Texas treats all possession as a crime. The penalties are as follows:

• 2 ounces or less: Class B Misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
• More than 2 oz, but less than 4 oz: Class A Misdemeanor. Up to 1 year in county jail and a fine of up to $4,000.
• 5 pounds or less, but more than 4 oz: State Jail Felony. 180 days to 2 years in a state jail facility and a fine of up to $10,000.
• More than 5 lbs, but less than 50 lbs: Third-Degree Felony. 2 to 10 years in state prison and a fine of up to $10,000.
• More than 50 lbs, but less than 2,000 lbs: Second-Degree Felony. 2 to 20 years in state prison and a fine of up to $10,000.
• 2,000 pounds or more: First-Degree Felony. 5 to 99 years, or life, in state prison and a fine of up to $50,000.

Drug-Free Zone Enhancements:

If the possession occurs within 1,000 feet of a school, playground, youth center, or video arcade, the penalties are enhanced by one degree. For example, a Class B misdemeanor becomes a Class A misdemeanor, and a state jail felony becomes a third-degree felony. This can turn a case with the potential for probation into one with mandatory prison time.

The Lasting Damage of a Marijuana Conviction

Beyond fines and incarceration, a conviction triggers a cascade of collateral consequences that can haunt you for years:

• Permanent Criminal Record: A marijuana conviction will appear on background checks run by employers, landlords, universities, and licensing boards.
• Loss of Federal Student Aid: A drug conviction can disqualify you from receiving federal grants, loans, and work-study programs.
• Professional License Denial: Licenses for nursing, teaching, law, real estate, and many skilled trades can be denied or revoked.
• Loss of Housing Opportunities: Many landlords automatically reject applicants with any drug-related conviction.
• Immigration Consequences: For non-citizens, a marijuana conviction is grounds for deportation and will bar most paths to citizenship.
• Suspension of Driver’s License: A conviction can lead to an automatic 180-day suspension of your Texas driver’s license.

Building Your Defense: Proven Strategies from Our Attorneys

At Barton & Associates, we do not accept the state’s allegations at face value. We build an aggressive defense by attacking the prosecution’s case at its core. Our strategies include:

1. Challenging the Legality of the Search and Seizure (Fourth Amendment Defense)

This is one of the most powerful defenses in marijuana cases. The police cannot stop your car without reasonable suspicion of a crime, and they cannot search your person, vehicle, or home without a warrant or probable cause. We meticulously analyze the police report and any available dashcam or bodycam footage. If the officer violated your constitutional rights, we file a Motion to Suppress Evidence. If granted, the marijuana is thrown out, and the state’s case often collapses, leading to dismissal.

2. Disputing “Possession” and Knowledge

We challenge whether the state can prove you actually possessed or knew about the marijuana. Was it in a shared vehicle or home? Did it belong to a passenger or roommate? Can the state prove it was yours and that you knew it was there? We create reasonable doubt by arguing you lacked control or knowledge of the substance.

3. Contesting the Amount and “Usable Quantity”

The state must prove you possessed a “usable amount.” Texas courts have defined this as an amount sufficient to be rolled and smoked. For very small amounts or residue, we argue the quantity is insufficient to support a conviction. Furthermore, we ensure the state’s weighing and testing procedures were accurate, as errors here can significantly impact the charge level.

4. Negotiating for Pre-Trial Diversion or Deferred Adjudication

For first-time offenders charged with misdemeanor possession, we often negotiate for pre-trial diversion or deferred adjudication. These programs allow you to complete requirements such as community service, drug education classes, and probation. Upon successful completion, the charges are dismissed, leaving no final conviction on your record.

Your Critical First Steps After an Arrest

Your actions immediately after an arrest can significantly impact your case. Protect yourself by following these steps:

• Invoke Your Right to Remain Silent. Do not answer questions or try to explain the situation to police. Anything you say can be used to establish knowledge and intent. Politely state, “I am invoking my right to remain silent and I want an attorney.”
• Do Not Consent to Any Searches. If an officer asks to search your car or belongings, you have the right to refuse. Clearly state, “I do not consent to a search.”
• Document Everything. As soon as you are able, write down every detail you remember about the stop, the officers involved, and what was said. This information is crucial for your attorney.
• Contact a Defense Attorney Immediately. Do not wait for your court date. Early intervention by our team allows us to secure evidence, challenge the stop and search, and begin building your defense narrative.

Why Choose Barton & Associates for Your Marijuana Defense

Facing a marijuana charge requires an attorney who understands both the law and the real-world consequences for your life.

• Experienced and Dedicated Representation: Led by Gary J. Barton, our team focuses on criminal defense and has a deep understanding of Texas drug laws and local court procedures.
• Aggressive, Client-Centered Advocacy: We fight for dismissals, charge reductions, and alternative resolutions. We prepare every case as if it will go to trial, which gives us significant leverage in negotiations.
• Strategic Use of Constitutional Defenses: We are skilled at identifying and litigating Fourth Amendment violations, which are common in drug possession cases.
• Compassionate Guidance: We understand the stress of a criminal charge. We will guide you through the process, explain your options clearly, and fight tirelessly to protect your future.

Fight for Your Future Today

A marijuana possession charge in Texas is a serious matter with severe penalties. Do not make the mistake of pleading guilty without exploring every defense available to you. The right legal strategy can mean the difference between a clean record and a lifetime of consequences.

Do not speak to investigators. Do not wait.

Contact Barton & Associates, Attorneys at Law, today at 210-500-0000 for a confidential case evaluation. Let our skilled team begin building the powerful defense you need to protect your rights and your future.

Main Category: Criminal Defense
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000