Don't Let a "Ticket" Ruin Your Record.
In Austin and other Texas cities, police may issue a citation for marijuana instead of arresting you. Be careful: This is NOT just a traffic ticket. It is a criminal drug charge that requires a strong legal defense to keep off your permanent record.
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Main Content: The "Cite and Release" Trap
Texas law has evolved. Many counties now use a “Cite and Release” policy for low-level marijuana possession (under 4 oz). Instead of taking you to jail, the officer gives you a piece of paper that looks like a speeding ticket and a court date.
Do not be misled.
Legally, you have been arrested and charged with a Class B Misdemeanor. If you simply pay the fine or plead guilty, you will have a drug conviction on your permanent record forever.
At Saffold Law, we treat every cannabis citation with the seriousness of a criminal trial. Our goal is not just to keep you out of jail, but to get the case dismissed and your record expunged.
The Consequences of a Conviction
Even a small amount of cannabis can have massive long-term effects if you are convicted:
- Criminal Record: A “Possession of Marijuana” conviction shows up on every background check.
- Student Aid: You may lose eligibility for federal financial aid (FAFSA).
- Housing: Many apartment complexes automatically reject applicants with drug convictions.
- Employment: It can disqualify you from jobs requiring security clearances or professional licenses (nursing, teaching, etc.).
- Driver’s License: A conviction can lead to a suspension of your driver’s license.
Our Defense Strategy: The "Hemp" Defense
Since the legalization of Hemp (Farm Bill) in Texas, the prosecution faces a new hurdle.
Hemp is legal. Marijuana is not.
The only difference is the THC concentration (0.3%). Most police field tests cannot tell the difference between legal CBD flower and illegal marijuana.
We challenge the state’s evidence:
- Lab Testing: We demand that the state prove the substance is actually illegal marijuana through expensive lab testing, which many counties are reluctant to pay for on minor cases.
- Probable Cause: Did the officer have a legal reason to search your car? “Smelling marijuana” is becoming a weaker justification for searches due to legal hemp.
Comprehensive Cannabis Services
1. Possession of Marijuana (POM)
Defending against charges for possession of flower, edibles, or concentrates. (Note: Concentrates/Vapes are often charged as a FELONY in Texas—we handle these high-stakes cases aggressively).
2. Paraphernalia Citations
Fighting tickets for pipes, grinders, or other accessories. While these are Class C misdemeanors, they still create a drug-related record.
3. Pre-Trial Diversion
Negotiating with prosecutors to get you into a diversion program. If you complete the requirements (classes, community service), the charges are dropped.
4. Expunction & Non-Disclosure
If we get your case dismissed, our job isn’t done. We file a petition to Expunge (erase) the arrest from your record entirely, so you can legally say “I have never been arrested.”
What We Fight For (Your Outcomes)
Protect Your Future.
A marijuana charge doesn’t have to derail your life. Contact Saffold Law to fight your citation and keep your record clean.
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