Can you go to Jail for Marijuana in Conroe, Texas or The Woodlands, Texas in Montgomery County? Video Answer

Video Answer from Lawyer - Can you go to Jail for Marijuana in Conroe, Texas or The Woodlands, Texas in Montgomery County?

Yes you could!

We're talking about marijuana charges in the state of Texas. Yes, people are still getting arrested for possession of marijuana, specifically in Montgomery County. You could get arrested for a Class B or Class A misdemeanor, or a state jail felony. If you know someone who has been arrested in Montgomery County, Texas you can find more information about the jail. You can check to see if they are in jail by checking the roster here.

Today, we're looking at the punishment range.

So, what is the possible punishment for having marijuana? Well, it says that except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. It is a Class B misdemeanor if it's 2 ounces or less. This is a little bit different from the possession of a controlled substance scale, which goes from zero to one gram. For marijuana, it's all the way up to 2 ounces, but it also has the extra requirement of being a usable quantity.

Now, if you know what a "one-hitter" is, it's a little tube where you put a very small amount of marijuana leaf or bud, and it's for one hit. It's kind of like taking a hit off of a marijuana cigarette, also called a "joint." One inhaling session is considered a "hit." A one-hitter is the standard that people use to figure out what's considered a usable quantity. It doesn't have to be a whole lot, not like an amount you'd buy in bulk.

Anyway, possession of less than 2 ounces would be a Class B misdemeanor. The range of punishment for a Class B misdemeanor is up to 180 days in jail and up to a $2,000 fine. For possession of between 2 to 4 ounces, that would be a Class A misdemeanor, which carries a higher penalty—up to a year in jail and a $4,000 fine.

A state jail felony applies for possession of 4 ounces to 5 pounds. The punishment for this is six months to two years in a state jail facility. If you have prior offenses, especially if you’ve had two prior state jail felony convictions, you could face even more severe sentencing. You could be sentenced to two to ten years if you've had two prior prison terms. That means if you've gone to prison twice before for any third-degree, second-degree, or first-degree felony, and now you get caught with a state jail felony amount of marijuana (like 5 ounces), you could be looking at two to 20 years in prison. And that is no joke.

I appreciate everybody reading today. Those are the punishment ranges for marijuana, from misdemeanors to state jail felonies. If you have more than 5 pounds of marijuana, you definitely need the help of an attorney. Even for lower amounts, it's crucial to have legal help on your side. We can work to get the case handled, hopefully resulting in a dismissal, so you don't have anything on your record.

Tune in for more videos on our YouTube channel, including information on expunctions, which is an important way to erase cases like these. We'll talk more about that another time. Thanks so much!

Conroe arrests are typically done by the Conroe Police Department.

Woodlands Arrests might be made by the Montgomery County Sheriff's Office or Precinct 3's Constable Office.

Find more information on marijuana charges and how Brian Foley Law can help here.

We hope you have enjoyed this education video answer.