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Top Houston Criminal Defense Attorney: Struggling With A Marijuana Case? by Deb Darnell
Marijuana is the most commonly abused unlawful drug in the United States. Marijuana is known 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 specific situations.
The Leading Houston Criminal Defense Attorney will safeguard your protection under the law and fight for you against marijuana possession charges.
Possession of marijuana (sometimes generally known as simple possession) is the most common drug crime in 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 offenses and consists of possession of marijuana in a public place where it is either burning or in open public view in quantities greater than 2 ounces but less 8 oz .. Criminal possession of marijuana is also a misdemeanor but the repercussions increase as does the potential for jail time.
Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one year in jail as well as a minimum fine of $1,000 for the first conviction. Additional convictions and larger amounts bring about 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 kilos of marijuana (the smallest amount category) is punishable by five years in jail including a $250,000 fine.
Marijuana is generally consumed in its natural 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 during the twentieth century, with struggles to legalize the use of marijuana argued ever since, its use among Native Americans in religious ceremonies and the use of the drug by cancer patients to ease nausea being the most recurrent arguments used for its legalization, and a significant change in the marijuana possession laws.
Marijuana production’s principal origin is Mexico. Virtually all foreign-produced marijuana readily available in the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control nearly all of wholesale marijuana distribution in the United States, with Asian criminal groups which bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being deemed greater 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 stay competitive in the higher potency marijuana distribution trade, Asian groups have begun operating indoor grow sites in residences throughout the Pacific Northwest and California. The trend is to buy or lease a house, modify the residence for the objective of producing two to four crops of cannabis and abandoning the property once the crops are harvested.
Challenges to current marijuana production and distribution laws are ongoing, with a number of states decriminalizing certain marijuana usage for particular medical conditions. Nonetheless , in United States v. Oakland Cannabis Club, the U.S. Supreme Court ruled that marijuana doesn’t have 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 any medical benefits worthy of an exception outside of the confines of government-approved research projects.”
In 2002, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that 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 doubtless continue to occasionally appear in the United States Court system for a long time.
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 property. Unlawful search and seizure, unlawful surveillance, and entrapment are the primary means of defending a charge of marijuana possession or marijuana distribution.
Houston Marijuana Possession DefenseLawyer: Hire the Top Houston Criminal Attorney
Texas courts consider marijuana possession criminal charges very seriously, and so should you. Multiple convictions of marijuana possession might lead to felony charges. Therefore, you want to fight every arrest you have to deal with, not just right away , but to safeguard your rights in the future as well. Since possession criminal charges can easily result in growing and cultivation charges, you want an attorney who will lower virtually all potential damages.
The seriousness of the charges you encounter will depend on the quantity of marijuana. If you are caught with under two ounces, you will face minor misdemeanor criminal charges, but the consequences go up steeply from there. Possession of two to four ounces is known as a Class A Misdemeanor, and possession if over four ounces is considered a felony.
No one wants a drug charge on their permanent record, so our first step is to have the charges completely dismissed. If dismissal or an acquittal at trial is not potential, we will seek to reduce the criminal charges or lessen the penalties where possible.
For first-time offenders, the Top Houston Lawyers will explore diversionary programs as well. By seeking proper drug treatment, you may perhaps be able to avoid jail time. They will help you discover virtually all possible alternative sentencing techniques.
Juvenile Marijuana Possession
Marijuana has an unique odor, and so it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities might smell it and a second infraction may result in serious consequences, including the loss of student loans. The Best Houston Criminal Lawyers 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 seasoned trial lawyer who is ready to stand up for your liberties right now. Contact the Best Houston Criminal Defense Attorney today for a no cost preliminary consultation.
About the Author
Addie Ventors enjoys sharing information about Criminal Defense issues.
In the event you or a loved one have been arrested recently and require knowledgeable assistance, make contact with the Best Houston Criminal Lawyer right away for your initial free consultation.
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