Marijuana Possession Defense 

If you thought buying a few marijuana chocolates on vacation in another state and bringing them home to Texas was a good idea, think again. Marijuana possession in Montgomery County, Texas is still very illegal. Most people forget that marijuana possession in Texas carries serious legal consequences despite changing attitudes toward marijuana in other parts of the country. Texas marijuana law remains strict, and an arrest for marijuana possession can turn your life upside down.  

If you’re facing marijuana possession charges, understand that these cases are not minor matters. Even a first offense can result in jail time, expensive fines, and a permanent criminal record. Prosecutors in Montgomery County aggressively pursue all drug cases, and marijuana possession is no different.  A conviction can follow you long after the case is over. 

For more than 25 years, Montgomery County defense attorney Andrea Kolski has successfully defended individuals accused of marijuana possession and other drug related offenses in Montgomery County and throughout Texas. Her experience handling a wide range of drug cases, combined with her immense knowledge of Texas law and local court procedures, means she is the go-to lawyer for anyone in need of qualified legal defense.  

Marijuana Possession in Texas 

As of this writing, 24 states have legalized recreational marijuana in the U.S. Texas isn’t one of them. In Texas, a person can be arrested for marijuana possession regardless of the amount.  Whether it’s candy gummies, vapes, chocolates, or a bag of leaves, recreational marijuana in all its forms is still illegal in Texas. 

Additionally, possession does not always mean the substance was found on your person. Prosecutors may attempt to argue possession based on proximity, alleged control, or shared access to a vehicle or residence. These cases often hinge on details that require careful legal analysis. 

Explaining Texas Marijuana Possession Laws 

While the social stigma around marijuana have shifted in recent years, many states like Texas have barely budged. Marijuana possession offenses are governed by the Texas Controlled Substances Act, primarily under Texas Health and Safety Code Section 481.121. The penalties depend on the amount of marijuana allegedly possessed and whether there are prior convictions. 

Under Texas law, marijuana possession penalties generally include: 

• Less than two ounces, charged as a Class B misdemeanor 

• Two ounces to less than four ounces, charged as a Class A misdemeanor 

• Four ounces to less than five pounds, charged as a state jail felony 

• Five pounds or more, charged as higher level felonies 

Even misdemeanor charges can carry jail time and significant fines. Felony marijuana possession convictions can result in prison sentences and long term consequences that affect nearly every area of life. 

What About Marijuana Edibles or Concentrates? 

Sorry folks, all forms of recreational marijuana is illegal in Texas.  THC concentrates, edibles, and vape cartridges may be charged under different statutes and can result in even more severe penalties.  

Dispensaries in legalized states offer a wide range of THC and marijuana products.  Some may seem legitimate but don’t make the mistake of bringing them to Texas.  The forms of marijuana may be changing, but the laws in Texas haven’t.  However, an experienced Texas marijuana possession attorney may find certain loopholes or overlooked details that can offer a ray of hope to the accused.    

Search and Seizure and Marijuana Law 

Many Montgomery County marijuana possession cases begin with a routine traffic stop. Law enforcement officers may claim to smell marijuana or rely on observations to justify a search. One whiff of that sticky icky and an officer can establish probable cause and a vehicle search is soon under way. In other situations, possession charges arise from searches of homes, backpacks, or shared spaces. 

But even marijuana enthusiasts have constitutional rights that must be respected by law enforcement. To start, law enforcement must prove reasonable suspicion or probable cause to search you, your vehicle, or your home. If your lawyer can prove an unlawful stop or search, they can argue to suppress evidence and dismissal of charges. A skilled lawyer with experience can quickly identify potential violations after careful review of police reports, body camera footage, and witness statements. 

For over 25 years, marijuana attorney Andrea Kolski and her team at Nonstopjustice have built a reputation for noticing overlooked details and challenging unlawful searches in marijuana possession cases. Her attention to detail and legal insight has helped many clients avoid convictions based on improper law enforcement actions.  

Severe Penalties and Consequences 

The penalties for marijuana possession extend beyond fines and jail time. A conviction can have a ripple effect that touches every part of your life. Even when jail is avoided, probation conditions can be incredibly difficult to follow and restrictive. 

A marijuana possession conviction can lead to incarceration, fines, probation, ongoing mandatory drug education or testing, and a permanent criminal record. For students, a conviction can jeopardize scholarships and educational opportunities. For professionals, it may threaten licenses or career advancement. 

Family life is often impacted as well. Parents may face complications in custody matters, and relationships can suffer under the stress of criminal proceedings. Financial strain from court costs, legal fees, and lost employment opportunities can linger for years. 

Why Marijuana Possession Charges Should Be Taken Seriously 

For decades, marijuana has gradually become more accepted among people young and old.  Some see it has a harmless alternative to alcohol or just a fun recreational drug for casual use.  The use of marijuana for medical purposes also adds to the confusion.  Unfortunately, these factors fuel further misunderstanding of the law. Texas prisons are filled with people who underestimated marijuana possession charges, believing they were minor offenses with few consequences. In Texas, even low-level cases can carry serious consequences that affect your future.  

Texas prosecutors are under pressure to punish drug offenses whenever they arise.  Texas courts, including Montgomery County drug courts, are overworked, understaffed, and have limited resources.  Hiring a local defense attorney familiar with the court, and prosecutors, can make a real difference.  They can use their familiarity with the court to negotiate beneficial plea deals or present a case for dismissal.  Rarely will a court appointed attorney have the time or motivation to engage outside the courtroom. 

Taking early action allows your defense attorney to evaluate the evidence, identify weaknesses in the State’s case, and pursue alternatives that may reduce or eliminate charges. Waiting too long can limit available options and increase the risk of conviction. 

Andrea Kolski understands how quickly these cases move through the Montgomery County court system. Her proactive approach is designed to protect clients from unnecessary penalties and long term harm. 

Common Strategies Used in Marijuana Possession Cases 

Every case is unique and there is no one-size-fits-all defense when it comes to marijuana possession cases.  However, some defenses are widely used and can offer a glimpse of what is possible. 

Common defense strategies may include: 

• Challenging the legality of the traffic stop or search 

• Arguing lack of possession or control over the marijuana 

• Questioning the identification and testing of the substance 

• Exposing inconsistencies in law enforcement reports 

This is by no means a comprehensive list but it gives a starting point where a skilled marijuana possession attorney may begin.  Experience, legal knowledge, and creative defense are how successful defense attorneys like Andrea Kolski build their reputation for excellence.  . 

The Importance of Experienced Legal Representation 

Marijuana possession cases may seem straightforward, but they are often more complex than they appear. Less experienced attorneys often overlook small details that could make or break a defense.  Less experienced attorneys also lack the relationships with the court or the resources to focus on your individual case.  

Like everything else in life, experience matters. Andrea Kolski is among Montgomery County’s elite legal minds when it comes to marijuana possession.  Andrea’s reputation as a “pitbull in the courtroom” has been built over 25 years of committed practice and winning in the face of tremendous odds. No one is more capable than Andrea Kolski when it comes to defending marijuana possession cases.   

Regardless, time is not on your side.  Hiring an experienced attorney early can help prevent damaging statements, preserve favorable evidence, and position your case for the best possible outcome. Whether the goal is dismissal, reduction of charges, or trial defense, experience matters. 

For those who demand the best legal defense for marijuana possession in Montgomery County, look no further than attorney Andrea Kolski and her team at Nonstopjustice.  

Average Defense vs. Andrea Kolski: You Choose 

Every attorney toots their own horn.  Great attorneys let others speak for them.  As president of the Montgomery County Criminal Defense Lawyers Association, Andrea Kolski is recognized by her peers as one of Montgomery County’s most respected legal minds.   

There is no shortage of average attorneys in Montgomery County who will gladly take your money.  You may not realize you got screwed until it’s too late…  and your average attorney is long gone… But do you really want to take that chance with your freedom?  Your future? Your family?  

However, there is only one with the experience, knowledge, and reputation as the “pitbull in the courtroom”. There is only one Andrea Kolski.   

Hire The Best And Forget The Rest 

As a former president of the Montgomery County Criminal Defense Lawyers Association, Andrea has earned the trust and respect of her peers. This leadership role reflects her dedication to effective criminal defense and her deep understanding of local court practices. 

Her background as a former Harris County prosecutor gives her valuable insight into how marijuana possession cases are built and prosecuted. She understands the strategies used by the State and knows how to challenge them effectively. Clients and colleagues alike often describe her as a pit bull in the courtroom, a reputation earned through relentless advocacy and results driven representation. 

Andrea’s close ties to the Montgomery County legal community allow her to navigate cases strategically. She understands local procedures, prosecutorial tendencies, and judicial expectations, all of which can influence the outcome of a marijuana possession case. 

Hire The Best And Forget The Rest 

Facing marijuana possession charges in Montgomery County can be stressful and intimidating, but with the right attorney on your side, you can rest easy. With over 25 years of practice and an unmatched understanding of the law, Andrea Kolski and her team at Nonstopjustice can give you the peace of mind you deserve.  

Steel sharpens steel and Andrea has spent decades going to battle in the toughest Texas courts.  Andrea never backs down from a fight and has earned the respect of prosecutors, judges, and attorneys on both sides of the law.  As a former Harris county prosecutor, Andrea has unique insight into the inner workings of Texas courts and what it takes to win. 

Andrea Kolski and her team at NonstopJustice understand what is at stake. They approach every case with urgency, respect, and a commitment to achieving the best possible result. To take the next step or discuss your situation, visit the contact NonstopJustice page or explore additional resources on the drug crimes defense page. 

When your freedom and future are on the line, experience and dedication matter. Choosing an experienced marijuana possession defense attorney can make all the difference in how your case is resolved and how your life moves forward.