Asked 8/9/2016 – Austin, TX

About a year ago I was given a felony marijuana charge. I have received conditional discharge and have completed my probation. I know it sounds ridiculous given all thats happened. But if I receive a misdemeanor for marijuana will I be given the maximum sentence for that charge? For example according to norml’s website less than two ounces can bring a maximum charge of 180 days in jail and a $ 2,000 fine. I would rather not have to move to a state where medical marijuana is legal just because I want to smoke a joint once in a blue moon. Please let me know. Thanks you.

Answer

A prior conviction of any kind does not automatically mean a maximum sentence will be handed down on any subsequent cases. The prior conviction WILL be a consideration in sentencing any future convictions. The full range of punishment, however, is available on each individual case. Lets just say you should not expect the minimum. in any future cases.