Most Dedicated Houston Attorney » Arrested for Marijuana Possession? The Thing That You Can Do To

Marijuana is considered the most commonly abused illegal drug within the United States. Marijuana is 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 circumstances.

Possession of marijuana (sometimes called simple possession) is considered the most common drug crime 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 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 two ounces but less 8 ounces. Criminal possession of marijuana is also a misdemeanor but the penalties increase along with the chance of jail time.

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Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to twelve months in prison including a minimum fine of $1,000 for a first conviction. Additional convictions and larger amounts bring about much stiffer penalties. Relatively few marijuana possession cases give rise to a felony level crime. Marijuana distribution, however, is always a felony under federal law. The sale of less than 50 kilos of marijuana (the smallest amount category) is punishable by 5 years in jail along with a $250,000 fine.

Marijuana is typically consumed in its organic state, the plant alone used 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 fights 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 ease nausea being the most recurrent arguments used for its legalization, along with a considerable change in the marijuana possession laws.

Marijuana production's principal origin is Mexico. The majority of 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 U.S., with Asian criminal groups that bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being regarded superior to 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 buy or lease a residence, customize the house for the purpose of producing two to four crops of cannabis and walking away from the property when the crops are harvested.

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Challenges to current marijuana production and distribution laws are ongoing, with many states decriminalizing certain marijuana usage for particular health conditions. Nonetheless , 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 any 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 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 undoubtedly continue to occasionally appear in the United States Court system for years to come.

Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, typically revolve around the misuse of law enforcement power to search and seize property and assets. Unlawful search and seizure, unlawful surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.

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Texas courts take marijuana possession criminal charges seriously, and so should you. Multiple convictions of marijuana possession might bring about felony charges. Therefore, you want to battle every charge you encounter , not just now , but to defend your legal rights in the future as well. Because possession charges can very easily bring about growing and cultivation charges, you want an experienced criminal defense lawyer who can lower virtually all potential damages.

The Best Houston Criminal Defense Attorney is going to defend your legal rights and defend you against marijuana possession charges.

The harshness of the criminal charges you have to deal with will depend on the quantity of marijuana. In the event you are caught with under two ounces, you will have to deal with minor misdemeanor charges, but the penalties 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 recognized as a felony.

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

For first-time offenders, we will explore diversionary programs as well. By seeking proper drug treatment, you may be able to avoid prison time. We are going to help you discover virtually all conceivable alternative sentencing methods.

Juvenile Marijuana Possession

Marijuana has a distinctive odor, and so it is dangerous for minors to smoke it anywhere: in a vehicle, at home, or in a dorm room. Authorities can smell it and another infraction may bring about severe repercussions, including the loss of student loans. We handle juvenile crimes involving marijuana possession as well as criminal court cases.

If you or a loved one have been arrested for marijuana possession, you want an expert attorney who is willing to stand up for your privileges right right now. Speak to the best today for a no cost preliminary consultation.