If the police discovered that an individual was in possession of a joint, the police would arrest that person and charge that person with possession of marijuana under one ounce. Possession of marijuana under one ounce is classified as a Class B misdemeanor. The punishment range for a Class B misdemeanor in Texas is confinement in the county jail not to exceed 180 days, and a fine not to exceed $2,000.00.
The most important aspect of any possession case is the legality of the search. I.e., did the police have a legal reason to detain you and a legal reason to search you? Many times people give the police permission to search. Personally, I have never understood why someone would give the police permission to search when they have drugs.
If the search was not legal, all of the evidence that was discovered as a result of the illegal search will be suppressed. Once the evidence has been suppressed, the DA will be forced to dismiss the charges. If you have any question about a drug case, please feel free to contact the Law Office of G. Thayer Williamson.
