Marijuana is considered the most commonly abused unlawful drug in the United States. Marijuana is a Schedule I substance under the Controlled Substances Act, classified as having a very 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 situations. If you or a loved one has been charged with a drug-related offense, it is important to get legal representation from an experienced criminal lawyer immediately. Houston Drug Crime Lawyer Charles Johnson will make prompt efforts on his clients’ behalf to steer law enforcement and prosecutors away from considering serious felony charges, or even any charges, in his client’s cases. Charles Johnson is available 24/7 to answer any questions you may have regarding your case.
Possession of marijuana (sometimes often called simple possession) is regarded as 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 in excess of two oz . but less 8 ounces. Criminal possession of marijuana is also a misdemeanor but the penalties increase along with the potential for prison time.
Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to twelve months in jail along with a minimum fine of $1,000 for a first conviction. Further convictions and larger amounts lead to much stiffer penalties. Fairly 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 kilos 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 organic 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 20th century, with fights to legalize the use of marijuana argued ever since, its use among Native Americans in religious ceremonies and the utilization of the drug by cancer patients to alleviate nausea being the most frequent arguments used for its legalization, and a significant 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 most 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 considered 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 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 lease a house, modify the house for the objective of producing two to four crops of cannabis and walking away from the property when the crops are harvested.
Challenges to current marijuana production and distribution laws are ongoing, with many states decriminalizing certain marijuana usage for particular medical ailments. Even so , in United States v. Oakland Cannabis Club, the United States 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 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 in the United States Court system for years to come.
Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, usually revolve around the misuse of law enforcement power to search and seize property and assets. Unlawful search and seizure, illegal surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.
Houston Marijuana Possession Defense Attorney: Hire the Most Respected Houston Drug Crime Lawyer: The Charles Johnson Law Firm
Texas courts consider marijuana possession charges seriously, and so should you. Multiple convictions of marijuana possession can result in felony charges. Consequently, you want to battle every charge you encounter , not just right away , but to defend your legal rights in the future as well. Considering that possession charges can certainly very easily result in growing and cultivation charges, you want an attorney who will lower virtually all potential damages.
The Top Houston Drug Crime Lawyer Charles Johnson will defend your liberties and fight for you against marijuana possession charges.
The severity of the charges you face is dependent on the quantity of marijuana. Should you are caught with less than 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 defined 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 possible, Houston Drug Crime Lawyer Charles Johnson is going to seek to reduce the criminal charges or diminish the penalties where possible.
For first-time offenders, Attorney Johnson will explore diversionary programs as well. By seeking proper drug treatment, you will likely be able to avoid jail time. He will help you explore virtually all potential 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 certainly smell it and a second infraction may lead to serious repercussions, including the loss of student loans. The Best Houston Lawyer will handle juvenile crimes involving marijuana possession as well as criminal court cases.
If you or a loved one have been charged with marijuana possession, you want an expert Houston Drug Crime Lawyer who is willing to stand up for your protection under the law right right now. Get in touch with Attorney Charles Johnson today for a no charge preliminary consultation.