I had a question.  How much weed do you have to have in your car to be
charged with possession?  Can just a few flaky small leaves get you in
trouble?  And also, if you get caught with a pipe with marijuana
residue, do you get arrested over it?  I read that it was a civil
offense, but I wasn't sure all the details surrounding that.

Hello emx620-ga,

Texas has very tough marijuana laws. Possession 2oz or less (any
amount less) is a misdemeanour, fine of $2,000 and incarceration of
180 days is possible.

As a footnote to the above: "With no prior felony convictions, if
convicted of possession of less than one pound of marijuana a judge
must impose a sentence of probation with mandatory drug treatment.  If
no treatment center exists within the jurisdiction, the judge may
waive the treatment requirement.  They judge can also waive all
fines."
SOURCE: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4566

Regarding the pipe, yes it is possible to get arrested: "Possession of
paraphernalia is punishable by a fine of $500 and sale of
paraphernalia is punishable by up to one year in jail and a fine of up
to $3,000."
SOURCE: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4566

A detailed report of Texas law is available here:
http://www.norml.org/pdf_files/state_penalties/NORML_TX_State_Penalties.pdf

I hope this clears things up for you. Please let me know if you
require any further information and I will do my best to further
assist you.

All the best,

tisme-ga


Search Strategy:

marijuana law OR laws Texas

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Request for Answer Clarification by emx620-ga on 10 Aug 2006 13:45 PDT

Thank you, you have provided great information so far.  However, about
the paraphenila - you can get arrested for a night at most I thought,
since it is a "civil citation."  What all does a civil citation mean? 
Is it just a fine?  I was under the impression that there are no
criminal charges?  And in reference to my question "Can just a few
flaky small leaves get you in
trouble?" -- you are saying that *any* amount that can be classified
as marijuana will legally get you in trouble?  Thanks.

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Clarification of Answer by tisme-ga on 10 Aug 2006 14:01 PDT

Hello emx620-ga,

For possession of paraphernalia, it is a non-criminal citation with a
fine of up to $500. As stated in the original answer, it is the sale
of paraphernalia that can turn into jail time. I apologize for not
making the distinction clearer originally, I can see how that might
have been confusing.

With regards to the other question, yes, I am saying that. There is no
minimum amount required in Texas. A reasonable judge would probably
take that into consideration, but technically, *any* amount can
qualifies for the penalty listed in the original answer, even a few
leaves. Technically you can get arrested for having a pipe with some
residue, since there is no minimum amount required, any amount
triggers the lowest level violation.

I hope this helps! Let me know if you have any further questions,

tisme-ga

Quick and helpful, thanks!