If my boyfriend was arrested for possesion of marijuana under 2 ounces but this is his 3rd possession charge, will it be upgraded to a felony?

The last one was about 4 years ago and he served his time.

Asked on February 17, 2015 under Criminal Law, Texas


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

Answered 5 years ago | Contributor

Some misdemeanors in Texas are bumped to felonies for the third offense (like theft and DWI's).  However, possession of marijuana is not one of them. 

Possession under 2 ounces is a class B misdemeanor.  It could be bumped to a Class A misdemeanor if he was caught in a school zone, but it would still be a misdemeanor charge at the end of the day.

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