Aggressive Defense Against Texas Drug Charges
Texas has some of the harshest marijuana laws in the country—and West Texas courts enforce them. Possession of even a small amount (under two ounces) is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. Larger amounts escalate quickly to felony charges with mandatory prison time. A conviction stays on your record permanently, affecting employment, housing, professional licensing, and federal student aid eligibility.
At Navarrete & Schwartz, P.C., we defend clients facing marijuana possession charges throughout Midland, Odessa, and the surrounding West Texas counties. Our Midland & Odessa criminal defense attorneys know how these cases are built—and where they fall apart. We challenge unlawful traffic stops, improper searches, broken chain-of-custody procedures, and constitutional violations to pursue dismissed charges, reduced penalties, or case dismissals.
Why Choose Navarrete & Schwartz, P.C. for Your Defense?
When you’re facing marijuana possession charges in West Texas, you need a legal team that understands both the law and the local courts. Navarrete & Schwartz, P.C. delivers personalized, strategic defense backed by decades of combined experience in West Texas criminal courts.
- Extensive experience handling marijuana possession cases in Texas
- Over 40 years of combined legal experience
- In-depth knowledge of local law enforcement practices and court procedures
- Aggressive defense tactics, including motions to suppress unlawful searches
- Recognized by Super Lawyers and Best Lawyers
- Direct, responsive communication with your attorney throughout your case
- Strong record of reducing or eliminating jail time, fines, and other penalties
What Are the Penalties for Marijuana Possession in Texas?
Texas enforces strict penalties for marijuana possession, and the severity depends on the amount involved:
- 2 ounces or less: Class B misdemeanor, up to 180 days in jail and a $2,000 fine
- More than 2 ounces up to 4 ounces: Class A misdemeanor, up to 1 year in jail and a $4,000 fine
- 4 ounces to 5 pounds: State jail felony, 180 days to 2 years in a state jail facility and up to a $10,000 fine
- 5 to 50 pounds: Third-degree felony, 2 to 10 years in prison and up to a $10,000 fine
- 50 to 2,000 pounds: Second-degree felony, 2 to 20 years in prison and up to a $10,000 fine
- Over 2,000 pounds: First-degree felony, 5 to 99 years or life in prison and up to a $50,000 fine
Even a misdemeanor conviction can carry long-term consequences. That’s why it’s essential to work with a marijuana possession defense attorney who knows how to navigate the West Texas legal system and fight for the best possible outcome.
Can Police Evidence Be Thrown Out If the Search Was Illegal?
Yes. If law enforcement violated your constitutional rights during a stop, search, or arrest, your attorney can file a motion to suppress the evidence. In Texas, police must have probable cause, a valid warrant, or your consent to conduct a legal search. If they searched your vehicle, home, or person without proper legal justification, any marijuana they discovered may be inadmissible in court.
At Navarrete & Schwartz, P.C., we closely examine the details of your arrest. If your rights were violated, we’ll challenge the search and push to have the charges dismissed. Illegal search and seizure is one of the most powerful defenses in marijuana possession cases in West Texas.
What Legal Defenses Are Available for Marijuana Possession Charges?
The right defense depends on the specific facts of your case. Common legal defenses to marijuana possession charges in West Texas include:
- Lack of knowledge or control: You were unaware the marijuana was present or it didn’t belong to you.
- Illegal search and seizure: Law enforcement violated your constitutional rights during the stop or search.
- Entrapment: You were induced by law enforcement to commit an offense you otherwise would not have committed.
- Insufficient evidence: The prosecution cannot prove beyond a reasonable doubt that you knowingly possessed marijuana.
Our attorneys at Navarrete & Schwartz, P.C. will analyze every aspect of your case, including from how the evidence was obtained to whether the prosecution can meet its burden of proof. We build defense strategies tailored to your situation and the practices of the courts in West Texas.
How Can a Marijuana Possession Conviction Affect My Life?
A conviction for marijuana possession in Texas can have serious, lasting consequences beyond jail time and fines. These may include:
- A permanent criminal record that appears on background checks
- Difficulty securing employment or housing
- The potential loss of eligibility for student loans or professional licenses
- Immigration consequences, including deportation or denial of naturalization for non-citizens
In West Texas, where courts often take a tough stance on drug offenses, the impact of a conviction can be severe. That’s why it’s critical to have a skilled defense attorney who can fight to protect your future. At Navarrete & Schwartz, P.C., we work to avoid convictions through case dismissals, diversion programs, or reduced charges whenever possible.
What Happens When You Contact Navarrete & Schwartz, P.C.?
When you contact our firm, we begin with a confidential consultation to review your case and answer your questions. We’ll explain the charges, potential penalties, and your legal options. If you choose to move forward, we’ll immediately begin investigating, including reviewing police reports, examining search procedures, and identifying any constitutional violations.
Our fee structure is transparent, and we’ll discuss all costs upfront. We understand the urgency of criminal charges and act quickly to protect your rights. Whether your case is in a rural West Texas county or a larger city, we’re prepared to guide you through every step of the legal process.
Speak With a Marijuana Possession Lawyer Serving West Texas
If you’ve been charged with marijuana possession in West Texas, don’t delay. The sooner you contact Navarrete & Schwartz, P.C., the sooner we can begin building your defense. We offer experienced, local representation and aggressive strategies tailored to Texas marijuana laws. Call now for a confidential consultation.
Frequently Asked Questions
Is marijuana possession still illegal in Texas?
Yes, marijuana possession remains illegal in Texas. Although House Bill 218 and similar bills proposed decriminalizing small amounts of marijuana, none of the bills have been enacted into law. Possession of marijuana with more than 0.3% THC is still a criminal offense.
Can I be charged if the marijuana wasn’t mine?
Yes, but the prosecution must prove that you knowingly possessed the marijuana. If you were unaware of its presence or it belonged to someone else, your attorney can raise a defense based on lack of knowledge or control.
What happens if I’m under 21 and caught with marijuana in Texas?
Individuals under 21 can face the same criminal penalties as adults, including jail time and fines. A conviction can also affect college admissions, scholarships, and future employment. Early legal representation is especially important for young defendants.