It sounds like they're not sure how much marijuana he had pending the results of testing. Under § 481.121 of the Texas Health and Safety Code, possession of between two and four ounces of marijuana is a Class A Misdemeanor, while possession of more than four ounces but less than five pounds is a state jail felony. Under § 481.134, commission of those offenses in a drug free zone would appear to bump the Class A Misdemeanor up to a state jail felony, and the state jail felony up to a felony in the third degree. Given the record you descibe, assuming conviction I would not be at all surprised by a sentence which includes a period of incarceration.Quoting des97cass99
I am not sure how a Texas court would regard the pending charges as a basis to modify visitation, unless it can be shown that there is a direct effect on the children. If he is incarcerated, he won't be able to exercise meaningful parenting time and a court may well be willing to revisit the issue of visitation. I suggest you discuss your situation and possible strategy with a Texas family lawyer.

