Texas law has a zero tolerance approach to illicit drugs and narcotic crimes. Case after case, drug courts, prosecutors, judge,s and juries have especially shown their disgust of Marijuana related crimes. This is despite shifting public opinion on the topic and regardless of a number of local efforts to make the policies and punishments more lenient, including the recently announced Misdemeanor Marijuana Diversion Program policy of Kim Ogg, the new Harris County District Attorney.

Texas Health and Safety Code, Chapters 481, 482, and 483 in their entirety only discuss and define various illegal or controlled substances and related crimes  and punishments for anything from Marijuana all the way to the latest designer and synthetic (simulated) substances that are constantly being created and modified by drug peddlers. For instance, below are just some of the stipulations and punishments currently designated for drug crimes under Texas law:

  • Possession of Marijuana:

    • Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.

    • Maximum Punishment:​ 5-99 years or LIFE in prison, up to $50,000 fine.

  • Delivery of Marijuana:

    • Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.

    • Maximum Punishment:​ 5-99 years or LIFE in prison, up to $100,000 fine.

  • Possession of Controlled Substances:

    • Minimum Punishment:​ up to 180 days in jail, up to $2,000 fine.

    • Maximum Punishment:​ 15-99 years or LIFE in prison, up to $250,000 fine.

  • Delivery/Manufacture of Controlled Substances:

    • Minimum Punishment:​ 180 days to 2 years in jail, up to $10,000 fine.

    • Maximum Punishment:​ 15-99 years or LIFE in prison, up to $250,000 fine.

Think about it. Technically, life in prison is still on the books for even just possession of marijuana as a punishment. Although, the actual punishment and sentence will depend on various factors involved in the case such as amounts of confiscated or alleged contraband or other aggravating circumstances.


As you can see, our quickly shifting times and constantly changing local and budgetary policies combine with the zero tolerance approach of the state law only to complicate matters more for the average Joe or Jane. Hence, presence of an aggressive and caring marijuana defense attorney is all the more critical throughout the process to ensure you get the best possible outcome. A compassionate Texas marijuana lawyer like Alex Houthuijzen can help you or your loved ones develop a sound legal defense strategy that can maximize your chances of fighting off or reducing your original federal or state drug charges successfully.

Alex is a criminal defense trial attorney who has successfully gotten other Possession of a Controlled Substance (PCS) or Possession of Marijuana (POM) charges reduced, dropped, or dismissed in the past. He spends the time to research and analyze every case,  and cares about each of his clients on a personal level. Alex rarely if ever entertains plea bargains thrown around by prosecutors to make their lives easier, unless there are absolutely no better ways to handle such Texas or Federal marijuana case.



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Synthetics & All Other Drugs
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