4/20 Drug Arrests in Texas: Don't Risk It
April 20th (or 4/20) is an unofficial holiday celebrated globally as a reason to smoke and enjoy cannabis. While some see 4/20 as a day to get high and have fun with friends, others use the day to push for the legalization of cannabis. Celebrating 4/20 in Texas by smoking weed recreationally can lead to serious consequences, and it isn’t a viable defense that it is a “holiday.”
Potential Consequences of Celebrating 4/20
Recreational use of cannabis is legal in 10 states; however, Texas is not one of those states. In Texas, only certain patients (i.e. those with cancer, post-traumatic stress disorder, etc.) are allowed to use marijuana as a part of their medical treatment. If you smoke or ingest cannabis, including on April 20th, you risk being arrested for drug possession or even for driving while intoxicated (DWI).
Drug Possession Charges on 4/20
Under Texas Stat. Code § 481.121, a person commits an offense when they knowingly or intentionally possess a usable amount of marijuana. You can be charged with a:
- Class B misdemeanor, for possession of 2 ounces or less, which is punishable by a fine of up to $2,000 and/or imprisonment for up to 180 days in jail.
- Class A misdemeanor, for possession of 4 ounces or less, which is punishable by a fine of up to $4,000 and/or imprisonment for up to a year.
- State jail felony, for possession of 4 ounces to 5 pounds, which is punishable by a fine of up to $10,000 and/or imprisonment for up to 2 years.
- Third-degree felony, for possession of 5-50 pounds, which is punishable by a fine of up to $10,000 and/or imprisonment for up to 10 years.
- Second-degree felony, for possession of 50-2,000 pounds, which is punishable by a fine of up to $10,000 and/or imprisonment for up to 20 years.
Marijuana DWI Charges in Texas
You can be charged with a DWI if you are operating a motor vehicle while high. Legally, intoxication includes not having control of your faculties because of drug consumption (see Texas Penal Code § 49.01). A Marijuana DWI offense is considered a:
- Class B misdemeanor, for a first-time offense
- Class A misdemeanor, for a second-time offense
- Third-degree felony, for a third-time offense
In addition to facing fines and imprisonment, the consequences of a conviction include:
- Mandatory completion of community service
- Drivers’ license suspension
- Court and attorney fees
- Difficulty obtaining housing or employment opportunities
- Loss of professional licenses
Retain Our Skilled Attorneys
At The Clark Law Firm, our attorneys have 35 years of combined legal experience, and we have handled thousands of criminal cases. We offer our clients personalized legal defense strategies and are equipped to help you fight to protect your rights and freedoms. Once you retain our legal team, we can work tirelessly to achieve the best possible case results by:
- Investigating the circumstances of your arrest
- Examining the evidence
- Developing a solid defense strategy
Arrested on 4/20 (or any day) for a marijuana-related offense?Contact us online or call (817) 435-4970 to schedule a complimentary consultation today.