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  • Writer's pictureBrian Foley

Finding the Best Possession of Marijuana Attorney in Montgomery County, Texas

Finding the Best Possession of Marijuana Attorney in Montgomery County, Texas - Brian Foley - Board Certified in Criminal law.

Facing a possession of marijuana charge in Texas can be a daunting experience, but with the right legal counsel, you can protect your rights and navigate the complex legal landscape. Meet Brian Foley, a seasoned marijuana lawyer and criminal defense attorney based in Conroe, Texas. Brian specializes in representing individuals accused of possession of marijuana in Conroe, Houston, The Woodlands, and the surrounding counties. With his extensive background as a former chief prosecutor and a wealth of experience handling thousands of drug charges, Brian is the advocate you need to safeguard your rights and interests.

Is Marijuana Legal in Texas?

In general, Texas maintains strict laws regarding marijuana, making it illegal for recreational use. In Montgomery County, law enforcement continues to make arrests for possession of marijuana, even for quantities less than two ounces. However, there are some noteworthy exceptions.

Under certain medical circumstances, patients may be prescribed medical marijuana with a THC content of less than 0.5 percent by weight. Qualifying conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or incurable neurodegenerative diseases.

What if I Have a Medical Prescription from Another State?

It's important to note that Texas law takes precedence over laws in other states, including medical prescriptions obtained elsewhere, such as in California. As of March 2021, there were no national medical marijuana laws requiring states like Texas to accept out-of-state prescriptions.

Industrial Hemp and Legal Confusion

The Texas legislature introduced complexity into marijuana laws by legalizing the possession of marijuana plants containing less than 3% THC. This decision stemmed from the shared scientific name of marijuana and industrial hemp, which is Cannabis sativa L. In an attempt to distinguish between the two, legislators inadvertently raised the bar for prosecutors across the state.

Previously, identifying a substance as marijuana relied on the visual judgment of officers or lab analysts. However, following the legislative changes, forensic testing became necessary to confirm THC content above 3%. This shift in burden of proof can work in your favor when challenged by a skilled defense attorney like Brian Foley, making it more difficult and costly for the state to secure a conviction.

Punishments for Possession of Marijuana

In Texas, simple possession of less than 2 ounces of marijuana is classified as a Class B Misdemeanor, carrying a maximum penalty of up to 180 days in jail and a fine of $2,000, or both. Alternatively, probation for up to two years, involving drug testing and community service, may be imposed by the court or a jury after a finding of guilt.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.

For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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