If the police discovered that an individual was in possession of joint. The police would arrest that person and charge that person with possession of marijuana under one ounce. Possession of marijuana under one ounce is classified as a Class B misdemeanor. The punishment range for a Class B misdemeanor in Texas is confinement in the county jail not to exceed 180 days, and a fine not to exceed $2,000.00.
The most important aspect of any possession case is the legality of the search. I.e. Did the police have a legal reason to detain you and a legal reason to search you? Many times people give the police permission to search. Personally, I have never understood why someone would give the police permission to search when they have drugs.
If the search was not legal, all of the evidence that was discovered as a result of the illegal search will be suppressed. Once the evidence has been suppressed, the DA will be forced to dismiss the charges. I you have any question about a drug case, please feel free to contact the Law Office of G. Thayer Williamson.