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Can a Marijuana DWI Result in a Drug Possession Conviction?


In many cases, it can be difficult to prove that a driver was operating a vehicle while under the influence of marijuana. A recent CBS 4 News article explained why this is an issue in Texas in particular. According to the report, there is no set legal limit for driving while under the influence of marijuana in Texas. That makes it difficult to cite someone for driving while on marijuana. In addition, marijuana affects people differently, so it can sometimes be difficult to tell if someone is under the influence of marijuana. Still, in some cases, police can tell that a driver is on marijuana, which, if proven, can lead to a marijuana DWI conviction.

What Happens If I’m Charged with a DWI?

If a person is charged with driving while intoxicated (DWI) in Denton, Texas, the punishments can be severe, especially for repeat offenders. Here are the penalties for DWI in Texas:

  • Mandatory substance abuse counseling
  • As much as $2,000 in fines
  • Up to 180 days in jail
  • License suspension

The above punishments are what first time offenders can face. Repeat offenses result in increased penalties.

How Can a Marijuana DWI Result in a Drug Possession Charge?

In some instances, if law enforcement cannot find a way to prove a marijuana-based DWI, they may attempt to charge the person with drug possession. This is because drug possession charges are often easier to prove than marijuana DWI charges, since the police will have solid evidence to back up their claim. In some cases, the punishments for drug possession can be more severe than those for DWI.Penalties for drug possession in Texas can include the following:

  • Possessing less than two ounces of marijuana is a Class B misdemeanor. This can result in up to $2,000 in fines and up to 180 days in jail.
  • Possessing two to four ounces of marijuana is a Class A misdemeanor, which can result in a year in prison and up to $4,000 in fines.
  • Possessing over four ounces of marijuana or any type of marijuana concentrate is a felony. Penalties for this can include up to two years in prison and a fine of as much as $10,000.
  • Possessing between 5 and 50 pounds of marijuana can result in severe penalties, such as 2 to 10 years in prison and up to $10,000 in fines.
  • Possessing 2,000 pounds of marijuana or more can result in harsh penalties, including 5 to 99 years in prison and fines of up to $50,000.

Schedule a Free Consultation with an Experienced Marijuana DWI Attorney

If you are facing a marijuana DWI or drug possession charge, there is no time to waste. The prosecution is already preparing to do whatever it takes to put you away. You need a seasoned trial lawyer in your corner who is prepared to fight for you and capable of securing the most favorable outcome possible for your case.

Derek A. Adame, Attorney at Law has nearly 25 years of experience handling criminal cases in Denton County. Attorney Adame spent time with the Harris County District Attorney’s Office as Chief Prosecutor for DWI offenses and Special Prosecutor for Family Violence offenses before becoming a defense attorney. That experience gives him a leg up on the other side because he understands how the prosecution approaches criminal cases and he knows how to counter their moves before they even make them.

For more information about Derek A. Adame, Attorney at Law, check out our firm’s recent case results.

Call us at 940.441.4239 or reach out to us online to schedule a free case evaluation.

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