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Possession of Marijuana (POM) in Texas

Marijuana Attorney Serving Austin & All of Travis County

 In Texas, a person can be convicted of marijuana possession if they knowingly or intentionally possess a usable amount of marijuana at a specific place and time. Legally, possession is defined as exercising custody, care, control, or management of the substance. If you are facing charges for marijuana possession, you need an experienced Austin criminal defense lawyer. At Smith & Vinson Law Firm, we are equipped to handle marijuana possession cases in Texas. Our skilled attorneys offer comprehensive representation and counsel to protect your rights and defend your interests.

Contact our Austin POM defense attorneys online or at (512) 359-3743 for a free consultation.

Possession of Marijuana Charges in Texas

In Texas, possession of marijuana cases are based on weight. Possession of under two ounces of marijuana is considered a Class B misdemeanor. This kind of charge is punishable by up to 180 days of incarceration and a potential fine of up to $2,000. Possession of two to four ounces is also a misdemeanor but carries heavier penalties. It is punishable by up to a year of incarceration and a fine of up to $4,000. Possession of over four ounces is a felony.

However, most cases in which individuals are charged with possession of marijuana involve small amounts held by one individual for personal use. Our Austin marijuana lawyers can provide strong representation for defendants charged in any of these types of cases, at any level of charges. In the case of possession charges based on small personal amounts, these cases can often be resolved with probation, court-ordered treatment and even dismissed charges. 

Our marijuana attorneys are here to help. We want to protect you from jail, probation, community service or other sentences as well as the potential harm caused by a drug conviction on your record. We know these charges can have a serious impact on your life. We have the dedication, expertise, and knowledge to help you make a strong defense.

Possession of Paraphernalia Charge in Texas

At times, people facing marijuana possession charges in Texas are also charged with possession of “drug paraphernalia.” According to Texas paraphernalia laws, this is defined as any item that is used for the packaging, processing or consumption of drugs. This term doesn’t need to be applied only to items that can only be used with drugs—in this case, marijuana. It can also include household items like envelopes, bags, spoons or scales.

In cases of marijuana, drug paraphernalia charges often are related to pipes or bongs. Sometimes paraphernalia charges are combined with possession of marijuana charges as well. On its own, possession of drug paraphernalia is a Class C misdemeanor, punishable upon conviction by a fine of up to $500. At Smith & Vinson, our Austin possession of marijuana defense attorneys are also skilled at providing a strong defense to paraphernalia charges.

Contact Our Austin Possession of Marijuana Attorneys Today

If you are facing charges for possession of marijuana or related charges like possession of drug paraphernalia or marijuana cultivation, it is important for you to have experienced Austin marijuana lawyers on your side. We can help you make sense of an overwhelming legal process and provide a strong defense. At Smith & Vinson, we will fight for you and work to defend your rights and liberty. Our extensive experience in these type of case is critical to crafting a strong defense. Fighting these charges now is important to protect your future for many years going forward.

Contact us at (512) 359-3743 today to make an appointment with our experienced possession of marijuana defense attorneys. We represent clients throughout Travis County, Williamson County, and Hays County, including Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.

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Earning Our Reputation by Protecting Yours
  • Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.
    - Linda W.
  • What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.
    - Former Client
  • When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.
    - Nikki C.
  • After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.
    - Former Client

    A Proven Track Record

    Check Out Our Recent Case Results
    • Not Guilty 2nd DWI

      911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.

    • Not Guilty 2nd DWI

      Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

    • Case Dismissed 2nd DWI

      Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

    • Deferred Adjudication Aggravated Assault & Tampering with Evidence

      Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.

    • Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury

      Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.

    • Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation

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