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Marijuana is easily the most frequently abused unlawful drug within 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 certainly impose strict penalties under certain circumstances.

Possession of marijuana (sometimes often called simple possession) is considered the most common drug criminal offenses within 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 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 oz . but less eight ounces. Criminal possession of marijuana is also a misdemeanor but the repercussions increase as does the chance of prison time.

Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one full year in jail along with a minimum fine of $1,000 for the first conviction. Additional 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, is always a felony under federal law. The sale of under 50 kilograms of marijuana (the smallest amount category) is punishable by five years in prison along with a $250,000 fine.

Marijuana is commonly consumed in its natural state, the plant itself 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 20th 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 frequent arguments used for its legalization, as well as a considerable change in the marijuana possession laws.

Marijuana production's principal source 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 U.S., with Asian criminal groups which bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being thought to be better 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 started operating indoor grow sites in residences throughout the Pacific Northwest and California. The trend is to purchase or lease a house, 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.

Challenges to current marijuana production and distribution laws are ongoing, with quite a few states decriminalizing certain marijuana usage for particular medical 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 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 certainly 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, frequently revolve around the misuse of law enforcement officials power to search and seize property and assets. Unlawful search and seizure, illegal surveillance, and entrapment are the primary means of defending a charge of marijuana possession or marijuana distribution.

Hire the Finest Houston Criminal Lawyer!

Texas courts take marijuana possession criminal charges very seriously, and so should you. Multiple convictions of marijuana possession can result in felony charges. Consequently, you want to battle every arrest you encounter , not just now , but to protect your liberties in the future as well. Given that possession criminal charges may easily lead to growing and cultivation charges, you want a lawyer who will lower virtually all potential damages.

The Most Dedicated Houston Attorney will defend your protection under the law and fight for you against marijuana possession charges.

The severity of the charges you face 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 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 initial step is to have the charges completely dismissed. If dismissal or an acquittal at trial is not potential, we shall seek to lessen the charges or lessen the penalties where possible.

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

Juvenile Marijuana Possession

Marijuana has a distinctive smell, and therefore it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities may 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 cases.

If you or a loved one have been arrested for marijuana possession, you want an seasoned attorney who is prepared to stand up for your rights right today. Speak to them right now for a complimentary preliminary consultation.

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