Bastrop County Marijuana Possession Lawyer

A marijuana possession charge in Bastrop County can catch people completely off guard. Texas has not legalized recreational cannabis, and despite shifts in how other states treat low-level drug offenses, possession here still carries real criminal consequences, including jail time, fines, a criminal record, and collateral effects that follow you long after the case closes. Whether you were stopped on Highway 71 between Bastrop and Austin, caught near the Colorado River corridor, or arrested somewhere in Elgin or Smithville, the charge lands in a Texas court, and Texas prosecutors take it seriously.

Working with a Bastrop County marijuana possession lawyer early in the process can make an enormous difference. The difference between a conviction and a dismissal often comes down to whether the stop was lawful, whether the search was properly conducted, and whether the evidence was handled correctly from collection through testing. These are questions a defense attorney needs to be examining from day one, not after the prosecution has already built its case around your silence.

At The Law Offices of David C. Hardaway, we represent clients facing marijuana possession charges throughout Bastrop County and across Central Texas. We look at how the charge came together, where it can be challenged, and what options realistically exist for getting you the best outcome the case allows. This page explains what you should understand about marijuana possession in Texas, what happens in Bastrop County courts, and how we approach these cases.

What a Marijuana Possession Charge Actually Looks Like in Texas

Texas classifies marijuana possession under its Health and Safety Code, and the penalties scale based on the amount found. A small amount, generally under two ounces, is a Class B misdemeanor, which carries the possibility of up to 180 days in county jail and a fine. That might sound manageable until you account for what a conviction actually does. It shows up on background checks employers run. It can affect housing applications. It can affect professional licensing. For students, it can affect financial aid eligibility. And for anyone who is not a U.S. citizen, a drug conviction can have serious immigration consequences that criminal defense attorneys take very seriously from the first appearance.

Possession of larger amounts escalates quickly. Between two and four ounces becomes a Class A misdemeanor. Above four ounces, the charge moves into felony territory, with potential state jail felony and higher felony classifications depending on quantity. Charges involving alleged intent to distribute or sale carry their own penalty structures, which are substantially more serious.

One thing worth knowing: Texas does distinguish between marijuana, which is regulated under the controlled substances framework, and hemp-derived CBD products, which were made legal under the Texas Agriculture Code following federal legalization of hemp. This distinction has created real complexity in how cases are prosecuted because the two plants look and smell identical. Lab testing is required to establish THC concentration, and that process has affected how some county prosecutors approach certain cases.

Why Bastrop County Residents Turn to The Law Offices of David C. Hardaway

David Hardaway has built a criminal defense practice rooted in direct communication, personal commitment, and legal strategy that is actually tailored to each client’s situation. Clients who have worked with the firm describe being kept informed throughout the process, having calls returned, and feeling like their case mattered, not like they were a file in a stack. Reviews describe outcomes ranging from dismissals to reduced charges, and clients consistently note that the firm listened, investigated, and genuinely engaged with what was happening in their individual case.

The firm serves clients across a wide swath of Central Texas, with offices in San Marcos and Fredericksburg, and deep familiarity with the courts and prosecutors throughout the region. That includes Bastrop County, where the firm regularly handles criminal matters in district and county court. Knowing how local prosecutors approach drug cases, what diversion options may exist in a given jurisdiction, and how individual courts handle these matters operationally is not something you can replicate by simply reading the statutes. It comes from working in those courts. That local knowledge matters when your case is being decided by prosecutors and judges who operate in a specific institutional culture you need to understand.

Marijuana Possession Charges We Defend in Bastrop County

• Misdemeanor possession under two ounces: The most frequently charged marijuana offense in Texas, typically arising from traffic stops on roads like Highway 71, SH-95, or SH-21, where a stop for a minor traffic violation escalates into a search and a drug arrest. Under Texas Health and Safety Code Chapter 481, this is a Class B misdemeanor, punishable by up to 180 days in jail and a fine.
• Possession between two and four ounces: A Class A misdemeanor under Texas law, carrying potential jail time of up to one year and a fine of up to several thousand dollars, along with all the same collateral consequences that come with any drug conviction on a permanent record.
• Felony possession charges: Amounts above four ounces enter felony classification, ranging from state jail felony status through higher degrees depending on quantity. These charges are prosecuted in Bastrop County District Court and carry the full weight of felony consequences, including potential penitentiary time and permanent felony record.
• Possession near a school zone or other restricted area: Texas law can enhance the penalty classification when the alleged offense occurred in a drug-free zone, which includes school property and certain other defined locations. These enhancements can move a misdemeanor charge into felony territory.
• Constructive possession disputes: Many marijuana cases involve situations where drugs were found in a shared vehicle or space, and the question of who legally possessed the substance is genuinely contested. The prosecution must prove knowing possession, and that element is frequently where the case can be challenged.
• First-time offense and deferred adjudication options: Texas courts, including those in Bastrop County, have the ability to offer deferred adjudication or other diversion pathways in qualifying cases, which can result in avoiding a permanent conviction if conditions are successfully completed. These options are not available to everyone and require careful evaluation of eligibility.
• Hemp and CBD product misidentification: Because hemp and marijuana are visually identical, individuals lawfully possessing hemp-derived products have faced arrests and charges that require lab testing to resolve. These cases require a specific defense approach centered on the science of THC concentration and the limitations of field testing.

What to Do After a Marijuana Arrest in Bastrop County

The period immediately after an arrest is when the decisions you make matter most. The most important thing to understand is that you have the right to remain silent, and you should use it. Statements made to law enforcement during or after an arrest are frequently used against defendants, and even casual, seemingly harmless comments can create problems. Be polite, but do not discuss the facts of what happened without an attorney present.

After an arrest in Bastrop County, you will typically be taken to the Bastrop County Jail, located at 412 Water Street in Bastrop. Depending on the charge level and circumstances, you may be released on a personal bond, a cash bond, or held for a magistrate hearing. Misdemeanor charges are handled in Bastrop County Court at Law, while felony charges go before the Bastrop County District Court, both of which operate at the Bastrop County Courthouse at 804 Pecan Street in Bastrop. Knowing which court has jurisdiction over your case and how that court typically operates matters for early strategy decisions.

Contact a marijuana possession attorney in Bastrop County before your first court date. There are real deadlines involved. If you want to challenge a license suspension arising from the arrest, there are administrative deadlines that must be met. If there are grounds to suppress evidence based on an unlawful stop or search, those motions need to be prepared and filed within the procedural framework of your case, and that work begins long before trial.

Preserve everything you remember about the stop or encounter while it is fresh: the time, location, which direction you were traveling, why the officer approached you, what was said, and what the officer did. Write it down. This information can be critical for evaluating whether the stop and any subsequent search were constitutionally sound.

One mistake defendants frequently make is assuming that because the charge seems minor, it does not require serious legal attention. A misdemeanor conviction for marijuana possession is a permanent criminal record entry in Texas unless and until it is expunged or sealed. Expunction or non-disclosure may be available in certain circumstances, but is not guaranteed, and eligibility depends on how your case resolves. Getting the disposition right from the start is far better than trying to clean it up afterward.

Defense Strategies That Actually Apply to These Cases

The defenses that work in marijuana possession cases are grounded in facts, evidence, and constitutional law. The Fourth Amendment prohibits unreasonable searches and seizures, and a significant portion of drug possession cases hinge on whether law enforcement followed the rules during the encounter that led to the arrest. Was the traffic stop supported by reasonable suspicion? Was the search conducted with consent, under an exception to the warrant requirement, or with a valid warrant? Was the scope of the search within what was legally authorized? These are technical questions with real consequences. Evidence obtained through an unconstitutional search can be suppressed, and without the evidence, the prosecution often has no case.

Chain of custody and lab analysis are additional areas that experienced defense attorneys examine closely. Marijuana evidence must be properly documented, stored, and tested. If the substance was not properly handled, or if the lab work shows irregularities, those issues go directly to whether the prosecution can prove beyond a reasonable doubt that what was found was actually marijuana in the legally meaningful sense, particularly given the hemp-marijuana distinction under current Texas law.

For clients who are otherwise eligible, deferred adjudication or pre-trial diversion programs can offer a path that avoids a permanent conviction. These options require careful negotiation and an understanding of what the prosecutor’s office in Bastrop County will consider. They are not automatic, and not every charge or defendant qualifies, but where they are available, they can change the long-term outcome significantly. A drug offense attorney serving Bastrop County clients will evaluate your specific situation to identify every realistic avenue, not just the obvious ones.

Questions Bastrop County Marijuana Defendants Ask

Is marijuana legal in Texas?

No. Texas has not legalized recreational marijuana. Possession of marijuana in any amount remains a criminal offense under Texas law, with penalties that scale based on quantity. Medical marijuana is available only through a narrow program with strict eligibility requirements and limited licensed dispensaries.

What is the penalty for marijuana possession in Bastrop County?

The penalty depends on the amount involved. Possession under two ounces is a Class B misdemeanor with up to 180 days in county jail and a fine. Two to four ounces is a Class A misdemeanor with up to one year in jail. Above four ounces, charges move into felony territory with progressively more serious penalties. Enhancements apply near school zones and in certain other circumstances.

Can a marijuana charge be dismissed in Texas?

Yes, dismissal is possible depending on the facts of the case. Charges can be dismissed if evidence is suppressed following an unlawful search, if the prosecution cannot establish possession beyond a reasonable doubt, or if a defendant successfully completes a diversion program. An attorney needs to evaluate the specific facts to identify which, if any, of these paths apply.

Will a marijuana conviction go on my permanent record?

A conviction does become part of your permanent criminal record. However, if a case is dismissed or you receive and complete deferred adjudication, you may be eligible for expunction or non-disclosure under Texas law, which can restrict access to the record. The availability of these remedies depends on how the case resolved and other factors specific to your history.

Can marijuana possession affect my immigration status?

Yes, and significantly. Drug possession convictions can have serious immigration consequences, including potential grounds for deportability or inadmissibility for non-citizens. Even deferred adjudication, which does not result in a final conviction under Texas law, has been treated differently under federal immigration law. Anyone who is not a U.S. citizen facing a drug charge should discuss immigration consequences with their defense attorney before making any decisions about how to resolve the case.

What happens if marijuana was found in a car I was sharing with other people?

Prosecutors must prove that you knowingly possessed the marijuana. When drugs are found in a shared vehicle or space, the question of who possessed them becomes genuinely contested. Defense attorneys examine factors like where the substance was located, whose belongings it was near, and whether there is any other evidence connecting a specific individual to the drugs. Constructive possession cases are among the most defensible marijuana charges.

I was carrying a CBD product, not marijuana. What do I do?

This is more common than many people realize. Hemp and marijuana are visually and physically identical; they cannot be distinguished by sight or smell. Field tests used by law enforcement cannot reliably distinguish between legal hemp and illegal marijuana. Lab testing that measures THC concentration is required. If you were in lawful possession of a hemp-derived CBD product, that needs to be established through proper testing, and your attorney should be pushing for that analysis aggressively and early.

How long will my Bastrop County marijuana case take to resolve?

Timelines vary significantly depending on the charge level, court docket, and how the case proceeds. Misdemeanor cases handled in Bastrop County Court at Law can sometimes resolve in a few months. Felony cases in district court often take longer, particularly if they involve contested motions or go toward trial. An attorney can give you a more specific estimate after reviewing your case and understanding the current court schedule in Bastrop County.

Can a marijuana charge affect my college financial aid?

Under federal financial aid rules, a drug conviction can affect eligibility for federal student aid depending on the nature of the conviction and when it occurred. A conviction while receiving aid can trigger a period of ineligibility. Students facing drug charges should factor this into their decision-making, and resolving a case in a way that avoids a conviction can protect financial aid eligibility.

Is it worth hiring an attorney for a small amount of marijuana?

Yes, almost certainly. Even a Class B misdemeanor conviction for possession of a small amount carries consequences that extend well beyond the fine or jail time. A conviction appears on background checks, can affect employment and housing, and becomes part of your permanent record in Texas unless and until it is removed through expunction or non-disclosure. An attorney can evaluate whether the charge can be fought, whether diversion is available, and what outcome is realistic given your facts. The cost of not having representation often shows up years later.

Representing Marijuana Possession Defendants Throughout Bastrop County and Surrounding Areas

The Law Offices of David C. Hardaway serves clients throughout Bastrop County, including those who live or were arrested in Bastrop, Elgin, Smithville, Cedar Creek, McDade, Red Rock, and Rosanky. We also handle cases involving clients from the Bastrop State Park and Lake Bastrop area, the Highway 71 corridor between Austin and Bastrop, and communities along SH-95 and SH-21. Many of our Bastrop County clients come from the growing residential areas near the Austin metro, including the portions of Bastrop County that have seen significant population growth in recent years.

Beyond Bastrop County, our criminal defense representation extends throughout Central Texas, including Hays, Caldwell, Guadalupe, Comal, Travis, Williamson, Burnet, Lee, Fayette, Burleson, Colorado, Lavaca, and Gonzales Counties. Whether your case is in San Marcos, Lockhart, Seguin, Luling, or communities further east and west, our team represents defendants facing drug charges across the region. Our San Marcos office sits just off I-35, making it accessible for clients traveling from the Bastrop County area via Highway 71 and the surrounding routes.

Talk to a Bastrop County Marijuana Possession Attorney Today

A charge does not have to become a conviction. Whether the question is the lawfulness of how the stop and search went down, the reliability of the evidence, or what alternative resolutions might be available in Bastrop County courts, these are issues that need to be examined carefully and early. As a Bastrop County marijuana possession attorney who handles these cases across Central Texas, David Hardaway gives clients straight answers, not sugarcoated ones, about where their case actually stands and what can realistically be done about it.

Contact The Law Offices of David C. Hardaway to schedule a confidential consultation. The sooner you get accurate information about your options, the more options you are likely to have.