San Antonio Marijuana Defense Attorney
Texas law provides for harsh penalties related to the use, possession, cultivation and delivery of marijuana (also known as cannabis, pot, or weed). A recent study by the American Civil Liberties Union (ACLU) shows that Texas has one of the highest arrest rates for the possession of marijuana in the United States.
In fact, more than 74,000 people were arrested for marijuana possession in Texas in 2010. More than 97% of those arrests were for the simple possession of two (2) ounces or less of marijuana.
The crime of possession of marijuana requires proof that a person knowingly or intentionally possesses a usable quantity of marijuana. For purposes of the marijuana possession laws in Texas, the term “possession” means the actual care, custody, control or management of the marihuana.
The possession of cannabis is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.
Attorney for Marijuana Crimes in Texas
If you were arrested for any type of marijuana crime including possession, possession with intent to deliver, cultivation or trafficking, then contact an experienced criminal defense attorney in San Antonio, TX.
Don Flanary represents clients on serious drug crimes with an emphasis on marijuana defense throughout the greater San Antonio area. He aggressively fights drug cases throughout Bexar County and the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Call (210) 899-7566 today for a free consultation.
Client Success Stories Hear From Our Happy Clients
At Flanary Law Firm, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Very Professional!"Don and the entire are professional, courteous, respectful, and highly knowledgeable of the law and circumstances surrounding complex case issues and legal maneuvering!- Gutz Company.
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"A Great Experience!"But with help at times gives us hope for a better tomorrow. Thank you again. God bless.- Autisim Communicates Life Socially
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"Great Experience!"Great experience with this firm. Don Flanary is amazing at what he does.- Shannon M.
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"Trustworthy Firm!"In the end, they are and feel will always be awsome. Because they truly love what they do and the proof is within the actions they take to care for you within your possibly life changing situation.- Brandon R.
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"Outstanding Experience!"Outstanding experience with this firm!! Amanda is a phenomenal attorney with remarkable dedication and expertise.- Adrienne G.
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"She Is Excellent!"Amanda is excellent, timely, and efficient. I felt like all my questions were dumb, but she was gracious and gave me the right info to make good decisions based on the best info available for my case.- Cut Throat Finches
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"The Best!"Amanda is the best. I was falsely accused of not scanning all my items at a store causing my wife of 53 years and my family much distress.- John F.
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"Extremely Professional!"If you're looking for an attorney, then look no further! Don and Amanda will fight for you and guide you through the process.- River City Shooters
Definition of Marijuana Under Texas Law
Under Texas law, the term “marihuana” is defined as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” The legal definition of marijuana does not include:
- The resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
- The mature stalks of the plant of fiber produced from the stalks;
- Oil or cake made from the seeds of the plant;
- A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or
- The sterilized seeds of the plant that are incapable of beginning germination.
Although it doesn’t make a lot of sense, marijuana concentrates such as extracts, wax, oils or hashish (even if it has the same or less THC) are not included within the definition of marijuana. On the street, marijuana concentrates are often called honey oil, honey wax or shatter.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Crimes Involving Marijuana Concentrates
Although the possession of less than four ounces of marijuana is a misdemeanor, the possession of even a tiny amount of concentrate, extracts, wax, oils or hashish (even if it has the same or less THC) is charged as a felony in the State of Texas. Instead, marijuana concentrates are considered to be tetrahydrocannabinol (THC) which is classified in Penalty Group 2.
Under Health and Safety Code, SEC. 481.116, the penalties for marijuana concentrates include:
- State Jail Felony: less than one gram is punishable by up to 6-months to 2-years in jail, and a fine up to $10,000.
- Third-Degree Felony: one gram or more but less than four grams is punishable by up to 2-10-years in jail, and a fine up to $10,000.
- Second-Degree Felony: four grams or more but less than 400 grams is punishable by 2-20-years in jail, and a fine up to $10,000.
- First-Degree Felony and a fine not to exceed $50,000: 400 grams or more is punishable by 10-years-lifetime imprisonment, and a fine up to $50,000.
Other penalties for the possession of marijuana concentrates include a driver’s license suspension for a drug offense conviction.
Possession of Marijuana Paraphernalia
The crimes for possession of marijuana paraphernalia are more serious if the item is used to manufacture, deliver, or possess with intent to deliver. Those offenses are classified as a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.
