If I was charged with a class A misdemeanor for the possesion of 2-4 ounces of marijuana but I only had 2.9 grams, what do I do?

UPDATED: Nov 6, 2011

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If I was charged with a class A misdemeanor for the possesion of 2-4 ounces of marijuana but I only had 2.9 grams, what do I do?

This is my first time; I have never even gotten a speeding ticket before. The cop found the weed after he pulled me over and called the K-9 unit to search my vehicle. Also, what is the most likely outcome considering my crime and this is my first offense? I know I only had 2.9 grams because the judge and cops told me that’s what it weighed in at.

Asked on November 6, 2011 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have two parts to your question.  The first is regarding the weight of the marijuana.  The level of an offense of Possession of Marijuana depends on the weight of what was found.  If the weight is less than 2 ounces, then the charge is a Class B misdemeanor.  If the weight is between 2 to 4 ounces, then it is classified as a Class A misdemeanor.  If you think the amount is less than what you were charged with you can request testing or retesting of the substance found to confirm the actual weight.  If you have an attorney, they can also make a motion to physically inspect the marijuana which was found.  The second part of your question is what is the most likely outcome.  If this is your first offense, then most likely you'll be offered some type of deferred probation and a small fine.  Whether you are charged with a Class B or A misdemeanor the length of time of deferred will range from six months to two years.  Considering this is your first offense, most likely the length of time of probation will fall between 6 months to one year.  Depending on your jurisdiction, you may also qualify for a pre-trial diversion program, wherein you do many of the same things that you would do on probation, except at the end of the program you get a complete dismissal, rather than a qualified dismissal.

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