Possession of Marijuana (POM) is one of the most common cases we handle. POM is committed if a person knowingly or intentionally possesses a usable quantity of marijuana. Penalties are based on the amount of usable marijuana as follows:
- Less than 2 ounces: Class B Misdemeanor
- 2 – 4 ounces: Class A Misdemeanor
- 4 ounces – 5 pounds: State Jail Felony
- 5 pounds – 50 pounds: Third Degree Felony
- 50 pounds – 2,000 pounds: Second Degree Felony
- 2,000 pounds plus: First Degree Felony
Marijuana possession can range anywhere from a Class B Misdemeanor for possession less than 2 oz. (up to 180 days of jail and fine not to exceed $2,000) to a First Degree Felony (5 to 99 years in prison). The variables are the amount possessed and the circumstances surrounding the possession such as whether it was in a drug free zone or if it was possessed with intent to distribute. The vast majority of marijuana possession arrests are Class B Misdemeanors.
With any marijuana offense, if the case ends with a final conviction, you will lose your driver’s license (or the ability to get a license) for six months. The driver’s license will not be reinstated or valid again until you complete the Drug Offender Education Program (DOEP), even if it’s been longer than six months. A conviction for POM can also have effects on student financial aid, since it is considered a Drug Conviction, and may have to be disclosed on FAFSA forms or private funding institutes.
Contact our Collin County Criminal Lawyers and let us help defend your arrest
At Rosenthal & Wadas we have a two-pronged approach to defending marijuana possession arrests. First we dissect the case legally for defenses both in the search, seizure and attainment of evidence and whether the State can prove possession by actual care, custody, control or management of the marijuana. We then guide our clients to appropriate drug evaluation and/or treatment if needed or requested. Taking corrective measures where needed allows us flexibility getting into programs such as pre-trial diversion.
This approach allows us to maximize our aggressiveness in the courtroom. Marijuana arrests are extremely complex but if defended correctly can result in a clean arrest record. Contact our Collin County criminal defense lawyers today for a free consultation.