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 generally known as simple possession) is among the most common drug crime in the United States. Regarded as 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 in excess of 2 oz . but less 8 ounces. Criminal possession of marijuana is also a misdemeanor but the consequences increase along with the possibility of jail time.
Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one year in prison as well as a minimum fine of $1,000 for an initial conviction. Additional convictions and greater amounts result in much stiffer penalties. Fairly 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 along with a $250,000 fine.
Marijuana is usually consumed in its natural state, the plant on its own 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 battles 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, and a major change in the marijuana possession laws.
Marijuana production's principal source is Mexico. Virtually all foreign-produced marijuana available 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 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 thought to be 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. Additionally, 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 rent a residence, modify the house for the purpose of producing two to four crops of cannabis and walking away from the property when the crops are harvested.
Challenges to existing marijuana production and distribution laws are ongoing, with several states decriminalizing certain marijuana usage for specific medical ailments. Nevertheless , in United States v. Oakland Cannabis Club, the U.S. 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 does not 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 certainly continue to occasionally appear within the United States Court system for many years.
Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, normally revolve around the misuse of law enforcement officials power to search and seize property and assets. Illegal search and seizure, unlawful surveillance, and entrapment are the primary means of defending a charge of marijuana possession or marijuana distribution.
Houston Marijuana Possession Defense Lawyer: Hire the Most Qualified Houston Criminal 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. Hence, you want to fight every charge you have to deal with, not just now , but to defend your privileges in the future as well. Given that possession criminal charges can certainly easily result in growing and cultivation criminal charges, you want a lawyer who will lower virtually all potential damages.
The Most Effective Houston Criminal Defense Lawyer will safeguard your protection under the law and defend you against marijuana possession charges.
The seriousness of the charges you confront is dependent on the quantity of marijuana. Should 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 defined 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 starting point is to have the charges completely dismissed. If dismissal or an acquittal at trial is not potential, we will seek to lessen the charges or reduce the penalties where possible.
For first-time offenders, the Most Dedicated Houston Criminal Defense Attorney 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 examine virtually all possible alternative sentencing strategies.
Juvenile Marijuana Possession
Marijuana has a distinctive scent, and therefore it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities can certainly smell it and a second infraction can bring about serious penalties, including the loss of student loans. The Recommended Houston Attorney will handle juvenile crimes involving marijuana possession as well as criminal cases.
If you or a family member have been charged with marijuana possession, you want an skilled trial lawyer who is ready to stand up for your privileges right today. Speak to the Most Dedicated Houston Attorney now for a complimentary preliminary consultation.