Marijuana is illegal in Fredericksburg, despite broad recreational use across Texas. This article provides a comprehensive overview of the latest, most up-to-date Texas Marijuana possession laws, as well as frequently asked questions regarding medical and recreational use. The article delves into the legal definition of Marijuana, the severe penalties associated with possession, and potential legal defenses to a Marijuana charge. Additionally, it offers guidance on what to do if you’re arrested for Marijuana possession and emphasizes the importance of consulting with a legal professional. If you’ve been arrested for weed charges in Fredericksburg, don’t gamble with your future – contact the experienced Texas Criminal Defense lawyers at Trey Porter Law.
CAN YOU SMOKE RECREATIONAL MARIJUANA IN FREDERICKSBURG TEXAS?
No, under the Texas Health and Safety Code Section 481.121 it is illegal to smoke recreational Marijuana in Fredericksburg. Possession of Marijuana is a criminal offense subject to hefty fines, a permanent record, and lengthy prison sentences in certain cases.
Fredericksburg Police are specially trained to detect Marijuana and have strict policies against it given the area’s reputation as a leisure, and vacation destination.
- Is weed legal in Fredericksburg? No, weed is illegal in Fredericksburg and even small possession cases will result in arrest and criminal prosecution by Gillespie County authorities. This remains the case despite decriminalization in several nearby areas, including Lockhart, Bastrop, San Marcos, and Austin, as reported by KUT News.
LEGAL CONSEQUENCES OF FREDERICKSBURG MARIJUANA POSSESSION
Fredericksburg Marijuana possession cases carry severe ramifications as potential charges range from misdemeanor to felony level offenses. Fredericksburg weed punishment includes jail, thousands of dollars in fines, and a permanent record, which can harm job opportunities, housing, college and financial aid applications. Specific Marijuana penalties will vary depending on the amount of weed involved, with tougher penalties for bigger amounts.
- Do they have cite & release for Marijuana in Fredericksburg? Yes, but it is optional and not required. Cite and release is a legal alternative to arrest for misdemeanor Marijuana charges in Fredericksburg. Police have this course of action in limited circumstances under Section 14.06 of the Texas Code of Criminal Procedure.
PENALTIES FOR MARIJUANA POSSESSION IN FREDERICKSBURG?
Pursuant to the Texas Health and Safety Code Chapter 481, Possession of Marijuana is a criminal offense with a punishment that ranges accordingly:
- Possession 0 to 2 oz: Class B misdemeanor punishable by a maximum 6 month jail sentence and a maximum $2,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 2 to 4 oz: Class A misdemeanor punishable by a maximum 1 year jail sentence and a maximum $4,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 4 oz to 5 lbs: State Jail felony punishable by a 6 month to 2 year jail sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 5 lbs to 50 lbs: third degree felony punishable by a 2 to 10 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession 50 lbs to 2,000 lbs: second degree felony punishable by a 2 to 20 year prison sentence and a maximum $10,000 fine. A conviction is permanent and will result in a driver’s license suspension.
- Possession over 2000 lbs: first degree felony punishable by a term of imprisonment of 5 to 99 years or life and a maximum $50,000 fine. A conviction is permanent and will result in a driver’s license suspension.
| Offense | Penalty | Incarceration | Maximum Fine |
| Possession of Marijuana | |||
| 2 oz or less | Misdemeanor | 6 months | $2,000 |
| 2 – 4 oz | Misdemeanor | 1 year | $4,000 |
| 4 oz to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 10 years | $10,000 |
| 50 – 2000 lbs | Felony | 2 – 20 years | $10,000 |
| 2000 lbs + | Felony | 5 – 99 years | $50,000 |
| Sale of Marijuana | |||
| 7 g or less | Misdemeanor | 1 year | $4,000 |
| 7 g to 5 lbs | Felony | 6 months – 2 years | $10,000 |
| 5 – 50 lbs | Felony | 2 – 20 years | $10,000 |
| 50 – 2000 lbs | Felony | 5 – 99 years | $10,000 |
| 2000 lbs + | Felony | 10 – 99 years | $100,000 |
| To a minor | Felony | 2 – 20 years | $10,000 |
LEGAL DEFENSES TO POSSESSION OF MARIJUANA IN FREDERICKSBURG TEXAS?
There are numerous ways to beat your case in Fredericksburg. Texas rules for search and seizure follow the U.S. Constitution, and if officers broke the law or cut corners, the charges can be dismissed. Furthermore, Texas law provides two additional legal defenses outlined in Texas Health and Safety Code 481.121, the Texas Marijuana Possession Law:
- A Defendant may raise the “Good Samaritan” defense during a potential overdose if they are the first person to request emergency assistance and they remain to cooperate with law enforcement and medical personnel.
- The second legal defense applies if the Defendant was the victim of the possible overdose and emergency medical assistance was requested by the Defendant or another person during a medical emergency.
CAN YOU GET MARIJUANA CHARGES DROPPED IN FREDERICKSBURG TEXAS?
Yes, you can get drug possession charges dropped in Fredericksburg. Experienced Criminal Defense Lawyers at Trey Porter Law have a successful track record of getting charges dismissed or reduced across Texas. If you’re arrested for possession in Fredericksburg, contact us today for a free consultation.
WHAT HAPPENS IF YOU GET CAUGHT WITH MARIJUANA IN FREDERICKSBURG TEXAS?
Getting caught with Marijuana in Fredericksburg can lead to arrest and criminal prosecution for possession. These charges can range from misdemeanors to felonies, depending on the amount of Marijuana involved. Potential consequences include thousands of dollars in fines, imprisonment, and a permanent criminal record.
Texans should politely refuse all searches and remain silent if under investigation for Marijuana possession. This can preserve powerful legal defenses including suppression of all evidence, which can dismiss a Texas Marijuana charge.
- What is the new law on Marijuana in Texas? As the Austin American-Statesman reported, recent state and federal laws legalized certain substances containing less than a 0.30 percent THC (tetrahydrocannabinol), the psychoactive components in Marijuana. However, these products are strictly regulated and may not be readily available.
- Are dispensaries legal in Fredericksburg Texas? Similar to recreational Marijuana, recreational dispensaries are illegal in Texas. However, medical Marijuana dispensaries are legal as long as they comply with the Texas Department of Public Safety’s Compassionate Use Program (CUP) guidelines.
WHAT COUNTIES IN TEXAS DECRIMINALIZED MARIJUANA?
Gillespie County itself has not decriminalized Texas Marijuana possession. However, some neighboring counties like Travis County (Austin), have decriminalized small amounts of Marijuana, according to KVUE News.
This means prosecutors may choose not to pursue charges for minor offenses, allowing them to focus on more serious crimes, including DUI, and more severe drug laws.
- Is Texas a no tolerance state for Marijuana? Yes, Texas remains a state with no tolerance for Marijauna as it is illegal under Texas state law. Possession of any “usable quantity” can result in lasting consequences, including difficulty finding employment or housing.
While the Gillespie County Attorney’s Office prosecutors may show leniency for small amounts, law enforcement still aggressively pursues major Marijuana offenses (like distribution to a minor).
Medical Marijuana in Texas:
Medical Marijuana is legal for Texans with qualifying medical conditions, such as epilepsy, cancer, and multiple sclerosis, according to the Texas Department of Public Safety.
Texans who wish to access Medical Marijuna should consult with their physician to obtain the required recommendation.
DOES DELTA 8 SHOW UP ON DRUG TESTS IN FREDERICKSBURG TEXAS?
Yes, Delta-8 can show up positive on standard drug tests that screen for THC presence, like urinalysis (UA) tests! This is important to remember, especially for those on probation or bond, as a positive test could result in a violation
- Is CBD legal? Yes, CBD is legal in Texas. According to the U.S. Centers for Disease Control and Prevention, Cannabidiol (CBD) is a cannabis compound derived from hemp or non-hemp plants containing no more than 0.30 percent THC.
- Is weed legal in Texas? No, Pursuant to Texas Health and Safety Code Section 481.121, weed is an illegal controlled substance.
ARE GUMMIES LEGAL IN FREDERICKSBURG TEXAS?
Gummies with a THC concentration exceeding 0.30 % are illegal in Fredericksburg and all of Texas.
Possession of these gummies is a felony offense with severe criminal penalties, including prison time and a permanent criminal record.
- How many edibles is a felony in Fredericksburg Texas? According to the Texas Health and Safety Code section 481.116, any amount of THC edibles is a felony. Even one gummy could lead to serious legal trouble.
- What happens if you get caught with a dab pen in Fredericksburg Texas? Similar to edibles, possession of a dab pen in Fredericksburg will likely result in felony prosecution. While prosecutors may overlook small amounts of flower (leaf Marijuana, they tend to take a harsher stance on concentrated THC oils found in dab pens.
CAN I GET A MEDICAL MARIJUANA CARD IN FREDERICKSBURG TEXAS?
Qualifying Texans can obtain medical Marijuana through a doctor’s recommendation. Registered physicians enter prescriptions into a centralized system known as the Compassionate Use Program Registry of Texas (CURT), which allows Texans to fill their medical Marijuana prescription at any licensed dispensary. Texas doesn’t issue traditional “medical Marijuana cards.”
MARIJUANA LAWS IN FREDERICKSBURG TEXAS
In conclusion, it is important to remember that Marijuana laws can be complex and subject to change – small amounts of weed that would be overlooked in nearby cities can lead to a devastating criminal record in Fredericksburg. By understanding Texas Marijuana possession laws, the potential penalties, defenses, and legal procedures, individuals can make informed decisions and protect their rights.
Know your rights. Know the law. Win your case.
If you’re facing a Texas Marijuana possession charge, it’s crucial to take immediate action. Dismissed cases will still remain on your record! The Fredericksburg Criminal Defense attorneys at Trey Porter Law have an earned reputation for winning cases and clearing criminal records. Weed charges? Contact us today for a free, confidential consultation.
