➠ Leading Houston Criminal Defense Lawyer » Understanding Your Marijuana Possession Arrest

Marijuana is among the most commonly abused illegal drug in 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 certainly impose strict penalties under specific situations.

Possession of marijuana (sometimes called simple possession) is easily the most common drug criminal activity 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 oz . but less 8 ounces. Criminal possession of marijuana is also a misdemeanor however the repercussions increase as does the potential for jail time.

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Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one full year in prison along with a minimum fine of $1,000 for an initial conviction. Additional convictions and larger amounts result in much stiffer penalties. Comparatively few marijuana possession court cases give rise to a felony level crime. Marijuana distribution, however, is always a felony under federal law. The sale of less than 50 kilograms of marijuana (the smallest amount category) is punishable by 5 years in jail and 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 in the course of 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 alleviate nausea being the most frequent arguments used for its legalization, including a major change in the marijuana possession laws.

Marijuana production's principal origin is Mexico. Virtually all foreign-produced marijuana readily available within 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 which 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. Moreover, in an effort to stay 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 rent a residence, customize the residence for the purpose of producing two to four crops of cannabis and walking away from the property after the crops are harvested.

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Challenges to existing marijuana production and distribution laws are ongoing, with quite a few states decriminalizing certain marijuana usage for particular medical conditions. Having said that, in United States v. Oakland Cannabis Club, the U.S. Supreme Court ruled that marijuana does not have any 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 verdict 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 certainly 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, in most cases revolve around the misuse of law enforcement officials power to search and seize property. Illegal 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 very seriously, and so should you. Multiple convictions of marijuana possession might lead to felony charges. Consequently, you want to battle every arrest you face, not just now , but to preserve your legal rights in the future as well. Considering that possession charges can certainly very easily lead to growing and cultivation charges, you want an attorney who will lower virtually all potential damages.

The Most Respected Houston Drug Crimes Lawyer is going to safeguard your liberties and fight for you against marijuana possession criminal charges.

The severity of the charges you have to deal with is determined by the quantity of marijuana. In the event you are caught with under two ounces, you will face minor misdemeanor criminal charges, but the repercussions 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 charge on their permanent record, so our first step is to have the charges completely dismissed. If dismissal or an acquittal at trial isn't really possible, we shall seek to lessen the charges or lessen the penalties where possible.

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

Juvenile Marijuana Possession

Marijuana has a distinctive 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 one infraction may result in severe penalties, 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 knowledgeable attorney who is ready to stand up for your protection under the law right right now. Get in touch with the best today for a complimentary preliminary consultation.