felony for cbd oil texas

Possession of a Controlled Substance (THC / CBD Oil)

Some of our partners have been narcotics prosecutors and know the intricacies of drug related charges. Hiring a firm with extensive litigation experience is vitally important when fighting a drug case. Litigating underlying search issue well before trial is often the only way to be successful in getting your case dismissed.


The vast majority of drug cases are the result of either a traffic stop or a search warrant. It is vitally important that you hire a team of attorneys who have extensive experience in the courtroom. Your attorney MUST be willing and able to litigate motions to suppress the underlying traffic stop of the insufficiency of the probable cause affidavit justifying the search warrant. Failing to litigate these issues will almost always result in you being found guilty of the underlying offense. The partners at Smith | McDonald | Bolin have litigated these motions hundreds of times in our over fifty (50) years of experience.

Our Approach in Defending Drug Cases:

We diligently review the reason for the traffic stop and/or the search warrant with a fine tooth comb. We almost always find a mistake or error on the part of law enforcement that will often times result in your case getting reduced or dismissed.

The Law:

Possession of Marijuana:

  • Less than two ounces of marijuana is a Class B misdemeanor
  • 2-4 ounces of marijuana is a Class A misdemeanor
  • 4 ounces – 5 lbs. is a State Jail Felony
  • 5 lbs. – 50 lbs. is a third-degree felony
  • 50 lbs. – 2,000 lbs. is a second-degree felony
  • Over 2,000 lbs. is a first-degree felony

Delivery of Marijuana:

  • ¼ ounce/7 grams – 5 lbs. is a State Jail Felony
  • Less than ¼ of an ounce/7 grams of marijuana is a Class B Misdemeanor if no money is exchanged and a Class A misdemeanor if money is exchanged
  • 5 lbs. – 50 lbs. is a third-degree felony
  • 50 lbs. – 2,000 lbs. is a second-degree felony
  • More than 2,000 lbs. is a first-degree felony

Possession of a Controlled Substance in Penalty Group 1 (meth, cocaine, heroin, PCP, etc…):

  • Possession of Cocaine, Methamphetamine, PCP, Heroine etc…
  • Less than 1 gram is a State Jail Felony
  • 1-4 grams is a third-degree felony
  • 4-200 grams is a second-degree felony
  • 200-400 grams is a first-degree felony
  • Over 400 grams minimum 15 years in Texas Department of Criminal Justice Institutional Division up to life

Delivery of a Controlled Substance in Penalty Group 1:

  • The punishment range jumps one degree. So a third degree felony becomes a second degree felony and so on…

Drug-Free Zone:

In Texas, a “drug-free zone” includes any location that is within 1,000 feet of schools (meaning public or private elementary and secondary schools and any daycare centers), youth centers, universities, and playgrounds. It also includes locations that are within 300 feet of video arcades, school busses, and even public swimming pools. Lawmakers created drug-free zones to keep dealers from doing business with any children and to prevent the exposure of drugs to children

1,000 feet is roughly 300 yards, which is the equivalent to 3 football fields. This is a pretty large distance in accordance to schools.

If someone engages in a drug crime in a drug free zone or within a certain distance of one, they are faced with increased penalties on their charge. Getting caught with any controlled substances while you are in a drug-free zone will raise your charges up to the next highest charge. This means that if the amount that you were caught with would normally result with a third-degree felony, it would be raised to a second-degree felony if found in a drug free zone.


Penalty Group 1:

  • Cocaine
  • Heroin
  • Methamphetamine
  • Ketamine
  • Oxycodone & Hydrocodone (over 300 mg)
  • Raw Opium
  • Opium Extracts
  • Methadone

Penalty Group 1a:

  • LSD (Lysergic Acid Diethylamide) (And every construable form or variant of it)

Penalty Group 2:

  • Ecstasy
  • PCP (Phencyclidine)
  • Mescaline
  • Marinol

Penalty Group 2a:

  • Cannibinol Derivatives

Penalty Group 3:

  • Valium
  • Xanex
  • Ritalin
  • Clonazepam
  • Salvia
  • Hydrocodone (less than 300 mg)

Penalty Group 4:

  • Morphine
  • Motofen
  • Buprenorphine (an opioid)
  • Pyrovalerone


Texas law has different punishment ranges for each of the penalty groups and offenses. A person who either knowingly or intentionally possesses a controlled substance without a valid prescription, is punished in accordance with the amount that they possessed at the time.

Cannabis Laws & Penalties in Texas

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.

If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports) Both car drivers and passengers have the right to remain silent.If you’re a passenger, you can ask if you’re free to leave. If yes, you may silently leave.


Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer. If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.