Justin Wilson
Senior Attorney
Have prosecutors in Dallas charged you with possessing marijuana? Although marijuana possession may not seem like a serious crime, the drug remains illegal under Texas law. Possessing even a small amount of marijuana can have significant penalties and consequences.
Get the legal counsel you deserve to protect your rights and interests during this critical time. Contact My Dallas Criminal Lawyer today for an initial case evaluation with a Dallas possession of marijuana attorney. We look forward to meeting you, explaining your options, and advising you on potential defenses.
Table Of Contents
Why Choose a Criminal Defense Lawyer from My Dallas Criminal Lawyer?
Now you know you need a marijuana defense lawyer in Dallas. But why choose My Dallas Criminal Lawyer specifically? Because:
- Our legal team has established a reputation for providing comprehensive legal representation. We thoroughly prepare every case we take, back up this preparation with skilled advocacy, and provide exceptional client service at every stage.
- We tailor our approach to the facts of your case and your needs, concerns, and goals. You will not be treated like just another case number.
- At our firm, you will work directly with a seasoned criminal defense attorney who will listen to your story, explain your charges, and develop a comprehensive legal strategy to help you seek a favorable resolution to your charges.
- Our attorneys leverage their extensive legal knowledge and litigation skills to protect your rights and interests in the criminal justice system.
Do You Need an Attorney After Getting Charged with Marijuana Possession?
Don’t face the aftermath of an arrest for marijuana possession alone. Instead, get help from a criminal defense lawyer from My Dallas Criminal Lawyer who can guide you through the criminal justice process. Let us protect your rights and interests by:
- Thoroughly investigating your charges to obtain all available evidence that may help us build a defense for your case
- Evaluating your legal options for obtaining a favorable resolution to your charges
- Explaining your charges and the potential outcomes of your case to you to assist you with making informed decisions about how to proceed
- Contesting the prosecution’s case at every opportunity, including seeking to exclude evidence if investigators violated your rights
- Pursuing the best possible outcome to your charges, even if that means going to trial when you choose to fight the prosecution’s case or assert your innocence
Understanding Marijuana Possession Charges
Under Texas law, a person commits a crime if they intentionally or knowingly possess a usable quantity of marijuana. The grading of a marijuana possession charge depends on the amount of marijuana possessed by an individual:
- Two ounces or less: Class B misdemeanor:
- More than two ounces but less than four ounces: Class A misdemeanor
- More than four ounces but less than five pounds: State jail felony
- More than five pounds but less than 50 pounds: Third-degree felony
- More than 50 pounds but less than 2,000 pounds: Second-degree felony
- More than 2,000 pounds: First-degree felony
Frequently Asked Questions About Possession of Marijuana Charges
Still have questions about possession of marijuana charges in Dallas? Our defense attorneys have the answers.
Will I go to jail or prison for marijuana possession?
The sentence that a trial court may impose for a marijuana possession conviction will depend on the grading of the charge. Sentencing ranges include:
- Class B misdemeanor: Up to 180 days in jail, a fine of up to $2,000, or both jail time and a fine
- Class A misdemeanor: Up to one year in jail, a fine of up to $4,000, or both jail time and a fine
- State jail felony: 180 days to two years in state jail and a potential fine of up to $10,000
- Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
- Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
- First-degree felony: Five to 99 years in prison or life imprisonment and a potential fine of up to $50,000
Several factors will affect a court’s decision about whether to enter a sentence involving jail time. Furthermore, some defendants may qualify for admission to drug court, which may provide an alternative to prosecution in the form of pretrial supervision. Successful completion of a pretrial drug court program may result in the dropping of possession charges.
What defenses might I have against a marijuana possession charge?
Here are common potential defenses that people facing marijuana possession charges might raise in their case:
- Lack of intent: A defendant may argue that the prosecution’s evidence failed to prove that they acted with the required level of criminal intent under the marijuana possession statute.
- Lack of possession: Defendants may assert that the prosecution has failed to prove they had actual or constructive possession of the marijuana seized by the police.
- Unlawful search: A defendant may seek to exclude evidence of marijuana from the case by arguing that the police conducted an unlawful search of the defendant or their bags, vehicle, or home due to the lack of a warrant, probable cause, or exigent circumstances justifying a warrantless search.
Furthermore, Texas law provides a “Good Samaritan” defense to charges of possession of drugs like marijuana, excusing a defendant who successfully invokes the defense from criminal liability. This defense only applies to defendants who were in possession of four ounces or less of marijuana. Under this defense, a defendant must have either made the first request for medical assistance for another person suffering a possible drug overdose, or themselves suffered a possible drug overdose, and they or another party summoned medical aid.
What should I do after getting arrested for marijuana?
While under arrest for marijuana possession, you can put yourself in a favorable position to defend yourself against possession charges by taking a few simple steps. Exercise your right to remain silent, refrain from answering questions from the police or giving a statement, and ask to speak to a criminal defense attorney as soon as possible.
Contact Our Firm Today for Help Resolving Your Charges
If you’ve been arrested for possessing marijuana, you need experienced legal guidance to help you protect your rights and interests. Call My Dallas Criminal Lawyer at 214-949-4117 today for a confidential consultation with our marijuana possession defense attorneys to discuss how we can help you fight back against your charges.
Last Updated: November 4, 2025
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What Our Clients Say
Eddie C.
Justin is a truly talented lawyer. His ability to think critically, and analyze quickly, are just a couple of traits that make him an excellent advocate for anyone charged with a crime. I’ve sat next to him in the courtroom and it is truly amazing to see him connect with a jury. He is an absolute pro.
Kamran V.
This law firm did an outstanding job for me. From start to finish, they were professional, knowledgeable, and supportive. They delivered exactly what they promised, and I couldn’t be happier with the result. I highly recommend them to anyone who needs legal help.
Thomas A.
Justin Wilson and Justin Harris were amazing. Highly recommend them.
Lybbie
I trust Justin for any legal related questions and he certainly delivers. I recommend him 100% as he is committed to you from start to end- no matter the situation.
Cristal D.
Absolutely the best team you could ask for. From start to finish, the entire office was professional, compassionate, and truly dedicated. They made me feel heard, respected, and confident during one of the most stressful times of my life. Their communication was consistent, and you can tell they genuinely care about their clients and their outcomes.
If you’re looking for a lawyer who is sharp, honest, and will fight for you like it’s personal – this is the team you want on your side. I can’t thank them enough for everything they did. They truly are the best in the business.
Natalie M.
Justin Harris was an exceptional lawyer- he is hardworking and dedicated and will reach your needs and more.
He was reliable and professional in every way. He makes sure that you are not only heard but seen. When working with Justin- it gave me strong trust that he cared and that he is a man of his word.
Highly recommend this law firm. Justin and the team handled my case with the upmost care, always kind and professional, and let me know all the details every step of the way.
Prof. Carlos R.
My first impression with Justin and Heidi was that they are a first class law firm, very professional and very open to answering questions and making a person feel appreciated. I am glad I met both at Formation in Frisco Texas.
Alex C.
I have come to know Justin and his team through my practice as a civil lawyer, and Justin has always impressed me with the way he treats his clients, and his ability to clearly explain options. He works tirelessly to be prepared for all his cases, and always treats others with professionalism and respect.
Joshua J.
Justin is a super professional lawyer with positive results. I would refer Justin to any one who needs help with anything. Justin gets it done with positive results.
Yoker V.
I highly recommend Justin 100%, the total positive experience started the moment we first spoke. Justin is a complete and total professional and a highly skilled lawyer outside and especially inside the courtroom. My case had its challenges but Justin skillfully did his research and presented the court and jury a master class. At the end of the trial the judge looked at the prosecutor and said, ” That’s how it’s done.” YLV