What to Know About Juvenile Marijuana Possession Charges in Texas

When teenagers in Texas are arrested, they are often facing charges related to offenses involving theft, alcohol possession, driving under the influence of alcohol, or drug possession. While many crimes for which juveniles face charges are ultimately misdemeanors, a criminal conviction can have lasting consequences. Not only can teens negatively affect their educational and job opportunities, but they can also be sentenced to terms of incarceration. According to the Centers for Disease Control and Prevention (CDC), more than 30 percent of high school seniors report that they have used cannabis in the last year, and more than 6 percent say they use it on a daily basis. Middle schoolers and younger high schoolers also report cannabis use, with about 6 percent of eighth graders admitting they have used it in the last year and about 15 percent of tenth graders.

Given that marijuana recreational possession and use remains unlawful in Texas — even for 18-year-old high school seniors — a teenager in Texas who is caught with marijuana or other cannabis or THC-containing products can face serious consequences. What do you need to know about these types of charges and defending against them?

Understanding Marijuana Possession in Texas 

Recreational marijuana use remains illegal in Texas even though it has been legalized in a number of other states. While Texas does have a compassionate use program (CUP) that allows individuals to access small amounts of marijuana for medical reasons, it is still unlawful for an individual without medical marijuana qualification to use or possess it.

Under Texas law, possession of even 2 ounces or less of marijuana is still a Class B misdemeanor offense that can result in incarceration for a period of up to 180 days and a fine of up to $2,000. The charges become more serious as the amount of marijuana possession increases. Once a person is in possession of 4 ounces or more, it is a felony offense that can result in up to 2 years in prison and a fine of up to $10,000. The degree of the felony increases as the amount of marijuana in the person’s possession increases.

How Juveniles Are Charged with Marijuana Possession

Do juveniles face those same offenses discussed above? Generally speaking, a “child” who is under the age of 17 will go through the juvenile justice system and their case will be governed by the Texas Family Code. For first-time offenders, it is usually possible to be entered into a diversion program or deferred prosecution so that the offense does not remain on the child’s adult record.

However, for teens aged 17 and up, they will typically be charged in adult court through the traditional justice system and can face the penalties for misdemeanor and felony offenses discussed above.

Defense Strategies for Teen Marijuana Possession

An experienced Texas drug crime defense lawyer can discuss potential juvenile defense strategies with you, whether your child’s case will be governed by the Texas Family Code or the Texas Health and Safety Code (which outlines misdemeanor and felony marijuana possession offenses for adults).

Defense strategies may include constitutional rights violations, an alibi, or legal participation in the compassionate use program. 

Contact a Texas Drug Crime Defense Attorney to Begin Working On Your Teen’s Marijuana Possession Case

Is your teenager facing marijuana possession charges or other drug charges in Texas? It is critical to find out more about how to defend against the charges and to begin working with one of the experienced Texas drug crime defense lawyers at John Reed, Attorney at Law. We can speak with you today about juvenile criminal defense strategies in drug-related arrests, whether they will go through the traditional (adult) justice system or the juvenile justice system in Texas. Contact us for more information about how we can assist you and your teenager.

Sources:

cdc.gov/cannabis/health-effects/cannabis-and-teens.html

codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-481-121/