Most of the country is moving past the days of arresting everyone for marijuana possession. Many states have robust medical marijuana programs, and some states have even legalized recreational marijuana. Texas is not one of those states. We have some of the most punitive, and embarrassingly stupid marijuana laws in the country. Possession of any usable amount of marijuana is a Class B misdemeanor, with a penalty of up to 6 months in jail. That’s for leafy weed. Remember when I said our state’s marijuana laws are stupid? Possession of any edible or vape pen is always a felony. Which is mind-bogglingly inane.
So what can you expect if you are caught with marijuana in Kaufman County?
First of all, our DA’s office still prosecutes these cases like they matter. So if you think the District Attorney won’t care enough to file your case or take you to court you are mistaken. If you are arrested for possession of marijuana in Kaufman County you are going to jail, and then going to court. For Class B possession cases there are some issues to argue with the current state of the cannabis laws. Can the state prove the THC%? Hemp is now legal in Texas, and hemp is defined as Cannabis Sativa under .3% THC. This was a big problem a year ago and some DAs quit prosecuting pot cases for a while. But not so much in Kaufman County. We are addicted to marijuana… prosecutions. It’s still something worth looking into though. I’m also writing this while COVID has the courthouse shut down, so it’s not possible to have a marijuana jury trial. That might change someday, but even if you wanted to take the case to trial and argue the THC% is too low you can’t for the foreseeable future.
The typical offer for misdemeanor marijuana cases depends on your criminal history. If you have no criminal history then the State might offer you the Pre Trial Diversion program. Which is basically like being on probation for 6-12 months. Diversion is different than probation in that you don’t have to plead guilty, and you can have the case expunged afterward. Still, Kaufman’s diversion program is one of the longest and most punitive around. It’s a good way to make money for the county though, as diversion programs generate fees for the DA and the probation department.
If you have any criminal history and you are charged with misdemeanor possession you are looking at real probation and possible jail time. That’s so crazy it feels wrong to type, but that’s the system we have here.
It gets worse for felony marijuana cases, which is over 4oz of leafy weed or ANY amount of edible or vape cartridge. These cases can result in real felony probation and real felony convictions.
If you are arrested for marijuana possession in Kaufman County you need to hire a defense lawyer. It’s no joke around here. The system here will still ruin your life and destroy your future for marijuana possession. They don’t care what other states are doing, they don’t care if you are a good person who smokes weed instead of drinking etc. They only care about getting a conviction or money out of you. We offer free consultations on all marijuana cases, so call today and let us protect you from our State’s terrible cannabis laws.