Houston Lawyer » Coping With A Marijuana Arrest?

Marijuana is the most frequently abused illegal drug within the United States. Marijuana is defined as a Schedule I substance under the Controlled Substances Act, classified as having a high potential for abuse. Street names for marijuana include grass, pot, weed, Mary Jane, dope, indo, and hydro. Marijuana possession laws can impose strict penalties under certain situations.

Possession of marijuana (sometimes known as simple possession) is the most common drug criminal offenses within the United States. Considered a misdemeanor in a majority of states, marijuana possession penalties include fines, probation, and/or community service. Criminal possession of marijuana is the next level up in marijuana possession crimes and consists of possession of marijuana in a public place where it is either burning or in open public view in quantities of more than 2 oz . but less eight oz .. Criminal possession of marijuana is also a misdemeanor however the repercussions increase along with the probability of jail time.

Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one year in jail and a minimum fine of $1,000 for an initial conviction. Further convictions and larger amounts lead to much stiffer penalties. Comparatively few marijuana possession court cases give rise to a felony level crime. Marijuana distribution, however, will be a felony under federal law. The sale of less than 50 kilograms of marijuana (the smallest amount category) is punishable by five years in jail including a $250,000 fine.

Marijuana is typically consumed in its organic state, the plant itself utilized in various ways to produce a hallucinogenic effect on the user. Abuse and use of the cannabis plant as a means for getting high dates back to biblical times. The advent of laws criminalizing the use of the drug occurred sometime in the course of the 20th century, with struggles to legalize the use of marijuana debated ever since, its use among Native Americans in religious ceremonies and the use of the drug by cancer patients to relieve nausea being the most recurrent arguments used for its legalization, as well as a considerable change in the marijuana possession laws.

Marijuana production's principal supply is Mexico. Nearly all foreign-produced marijuana accessible in the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control the majority of wholesale marijuana distribution within the United States, with Asian criminal groups that bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being regarded finer quality than the Mexican version has resulted in an increase in Asian control of marijuana production and distribution. According to the National Drug Threat Assessment 2007, high potency Canada-based smuggling, distribution and production groups are increasing, giving rise to large-scale cannabis cultivation in large outdoor sites by both Mexican and Asian groups. Furthermore, in an effort to remain competitive in the higher potency marijuana distribution trade, Asian groups have started operating indoor grow sites in homes throughout the Pacific Northwest and California. The trend is to purchase or lease a residence, modify the residence for the objective of producing two to four crops of cannabis and abandoning the property after the crops are harvested.

Challenges to existing marijuana production and distribution laws are ongoing, with many states decriminalizing certain marijuana usage for particular health conditions. However, in United States v. Oakland Cannabis Club, the United States Supreme Court ruled that marijuana has no medical value as determined by Congress. The court’s opinion stated that: “In the case of the Controlled Substances Act, the statue reflects a determination that marijuana doesn't have medical benefits worthy of an exception beyond the confines of government-approved research projects.”

In 2002, the United States Court of Appeals for the District of Columbia Circuit issued a ruling which upheld the Drug Enforcement Act’s determination that marijuana should remain a Schedule I controlled substance, the most restrictive schedule under the Controlled Substance Act. The marijuana debate and court battles will undoubtedly continue to occasionally appear in the United States Court system for many years.

Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, often revolve around the misuse of law enforcement power to search and seize assets . Illegal search and seizure, illegal surveillance, and entrapment are the primary means of defending a charge of marijuana possession or marijuana distribution.

Houston Marijuana Possession Defense Attorney: Hire the Best Houston Lawyer:
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Texas courts take marijuana possession charges seriously, and so should you. Multiple convictions of marijuana possession may lead to felony charges. Therefore, you want to battle every charge you have to deal with, not just right now , but to defend your rights in the future as well. Because possession charges can very easily bring about growing and cultivation criminal charges, you want a criminal defense lawyer who can lower virtually all potential damages.

The Recommended Houston Criminal Defense Lawyer will protect your liberties and defend you against marijuana possession criminal charges.

The seriousness of the criminal charges you confront depends on the quantity of marijuana. Should you are caught with less than two ounces, you will face minor misdemeanor criminal charges, but the repercussions go up steeply from there. Possession of two to four ounces is a Class A Misdemeanor, and possession if over four ounces is recognized as a felony.

No one wants a drug arrest on their permanent record, so our first step is to have the charges completely dismissed. If dismissal or an acquittal at trial is not really conceivable, we shall seek to reduce the criminal charges or reduce the penalties where possible.

For first-time offenders, the Top Houston Criminal Lawyer will explore diversionary programs as well. By seeking proper drug treatment, you may very well be able to avoid prison time. They will help you discover virtually all possible alternative sentencing strategies.

Juvenile Marijuana Possession

Marijuana has a unique scent, and so it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities may smell it and a second infraction can certainly lead to serious penalties, including the loss of student loans. The Most Respected Houston Attorney will handle juvenile crimes involving marijuana possession as well as criminal cases.

If you or a loved one have been charged with marijuana possession, you want an expert trial attorney who is prepared to stand up for your legal rights right today. Get in touch with the Recommended Houston Criminal Defense Lawyer now for a free initial consultation.