Felony Possession

Unlike cases involving misdemeanor amounts of marijuana, alleged possession of more than ounces of cannabis will result in felony charges—regardless of whether the person is arrested in Montgomery County or Harris County. Felony convictions carry much stiffer consequences for people than misdemeanor offenses.

Convicted felons in Texas not only face longer prison sentences and bigger fines, but such individuals can also face enormous hardships when applying for jobs or housing. People convicted of felonies are also prohibited from possessing firearms.

Attorney for Felony Possession of Marijuana in Conroe, TX

Are you facing felony criminal charges for an alleged marijuana possession offense anywhere in Montgomery County or Harris County? Do not say anything to authorities until you have first contacted Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent clients accused of all kinds of cannabis offenses in communities throughout Montgomery County and Harris County, including The Woodlands, Shenandoah, Panorama Village, Porter Heights, Oak Ridge North, Cut and Shoot, and many others. Our attorneys can provide a complete evaluation of your case as soon as you call (936) 622-2000 to schedule a free initial consultation.


Montgomery County Felony Marijuana Possession Information Center


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Felony Possession of Marijuana Charges in Texas

Texas Health and Safety Code § 481.121 establishes that a person commits the offense of “possession of marihuana” if he or she knowingly or intentionally possesses a usable quantity of marijuana. Alleged offenses involving four ounces or less are misdemeanors, but any amount exceeding four ounces can result in the following charges:

  • 5 pounds or less but more than 4 ounces — State Jail Felony;
  • 50 pounds or less but more than 5 pounds — Third-Degree Felony;
  • 2,000 pounds or less but more than 50 pounds — Second-Degree Felony; or
  • More than 2,000 pounds — First-Degree Felony.

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Montgomery County Felony Marijuana Possession Penalties

Under Texas Transportation Code § 521.372, a conviction for any kind of alleged marijuana offense results in that person’s driver’s license being suspended for 180 days. The possible sentence an alleged offender receives if convicted of a felony possession of marijuana offense depends on the grade of the alleged crime:

  • State Jail Felony — Up to two years in state jail and/or a fine of up to $10,000;
  • Third-Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000;
  • Second-Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000; or
  • First-Degree Felony — Up to 99 years or life in prison and/or a fine of up to $50,000.

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Texas Felony Marijuana Possession Resources

Texans for Responsible Marijuana Policy — Texans for Responsible Marijuana Policy is a coalition of organizations and individuals committed to promoting an honest dialogue about marijuana use and the negative effects of its criminalization and removing penalties for possession of marijuana for personal use. Its mission also includes allowing seriously and terminally ill patients to safely obtain and use medical marijuana if their doctors recommend it, and opening a safe, legal market where Texas business owners cultivate and sell marijuana to adult consumers with accountability and reasonable oversight. Visit this website to learn more about coalition partners, which include Texas National Organization for the Reform of Marijuana Laws (NORML), a trans-partisan, educational 501(c)(4) nonprofit organization that focuses on cannabis law reform, and Law Enforcement Action Partnership (LEAP), a 501(c)(3) nonprofit organization made up of current and former members of the law enforcement and criminal justice communities who are speaking out about the failures of our existing drug policies.

Marijuana Felony Possession Amounts by State — On this website, you can view maps comparing the different minimum numbers of ounces of marijuana for felony charges in states across the nation. You can also view a map showing whether cannabis has been legalized, decriminalized, legalized for medical use, or remains illegal. Read more about the strictest and most lenient states for felony possession.


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Evans & Powell, PLLC | Conroe Felony Marijuana Possession Defense Lawyer

If you were arrested for allegedly possessing more than four ounces of cannabis in Montgomery County or Harris County, it is in your best interest to immediately retain legal counsel. Evans & Powell, PLLC defends residents and visitors facing felony marijuana charges in Pinehurst, Splendora, Magnolia, Willis, Woodbranch, Patton Village, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who will fight to help you achieve the most favorable outcome to your case, including possibly having the criminal charges reduced or dismissed. Call (936) 622-2000 or submit an online contact form to have our lawyers review your case and answer all of your legal questions during a free, confidential consultation.


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