The Best Defenses Against a Marijuana Possession Charge

 Posted on April 03, 2025 in Drug Charges

 A marijuana possession charge can have serious implications for your freedom in Texas. The courts do not take drug crimes lightly, and if convicted, you could be saddled with a criminal record. A Texas drug crimes attorney can defend you against a marijuana possession charge by exploring all possibilities to protect you from the legal consequences.

At Law Offices of Biederman & Burleson P.L.L.C., we have the experience, skills, and knowledge to build a strong defense against a marijuana possession charge in Texas. When you work with our attorneys, we can provide legal guidance on how to respond to a possession charge as we represent you in front of a judge.

What Is Legal Possession?

If applicable, one of the most surefire defenses against a marijuana possession charge is proving that you had a legal reason to own it. In Texas, you can get a cannabis prescription for certain qualifying conditions such as PTSD, epilepsy, cancer, or multiple sclerosis.

If you were arrested for possession of medical marijuana or a prescribed cannabis product, our attorneys can present evidence to prove that you were within your legal rights to carry it, such as testimony from your doctor or a valid prescription. We will fight to get the charge dropped and refute any allegations of similar crimes like possession with intent to distribute.

Who Can Use a Fourth Amendment Defense?

Law enforcement officers sometimes overstep their bounds in an effort to detain suspected criminals. In Texas, police officers need a warrant to search your home or vehicle for marijuana. If they do not have a warrant – as is often the case in traffic stops – they need probable cause to search you. This means that the officer needs to have enough of a reason to believe that you committed a crime.

The Fourth Amendment of the US Constitution protects you from unlawful search and seizure. If your rights were violated during a search, our attorneys will fight to have the evidence thrown out of court.

How Can I Prove There Was No Actual Possession?

Sometimes, a marijuana possession charge is simply a matter of being in the wrong place at the wrong time. A mix-up in identification can easily lead to an innocent person being suspected of marijuana possession. If the prosecution cannot prove beyond a reasonable doubt that the marijuana was yours, the case against you could be dismissed from court.

We once successfully defended a client accused of marijuana possession by challenging whether she actually possessed the substance in question. She was arrested as a passenger in a car with a backpack containing marijuana in the back seat. Since the prosecution could not establish that the backpack belonged to the defendant, the defendant was found not guilty by jury.

At Law Offices of Biederman & Burleson P.L.L.C., we will challenge every assumption made by law enforcement and the prosecution to get to the facts of the case.

Contact a Frisco, TX Drug Crimes Defense Attorney Today

Have you been charged with misdemeanor or felony marijuana possession in Texas? Our Collin County, TX marijuana possession defense lawyers can help. Call Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to get started with a free consultation today.