Houston Lawyer Charles Johnson
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Have you been accused of operating a marijuana grow house? Grow houses have been popping up all over Texas and all over the nation. As a result, law enforcement has intensified investigations. They are reviewing electrical usage and water usage to determine if excessive amounts are being used — creating suspicion that the manufacture/cultivation of marijuana is being carried out on the premises. If you are under investigation or have been arrested and are facing drug manufacturing charges, you need experienced legal counsel on your side. Houston Criminal Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas, with offices in Houston, Austin, Dallas and San Antonio.
At the Charles Johnson Law Firm, we take marijuana charges seriously. We provide aggressive manufacture/cultivation defense representation to each client. Contact Attorney Johnson directly at (713) 222-7577 anytime night or day to discuss your case with an experienced criminal defense attorney.
Marijuana Cultivation: Defense Lawyers You Can Trust
Our law firm provides exceptional defense representation. We have earned a reputation for our diligence and our commitment to our clients. Clients have come to respect and trust us when they are in need and their future is at stake. We know the law and how to effectively defend our clients.
When clients have been charged with marijuana cultivation or other drug manufacturing, we analyze every aspect of the case.
- How did law enforcement become aware of the use of grow lights?
- Was reviewing the occupant’s electrical bills legal?
- Was a valid search warrant obtained before entering the home?
- Did someone else have access to the home?
- Was the home actually owned by someone else?
In marijuana cultivation cases, penalties are based on quantity. Therefore, if you have possession of a significant amount of plants in your home or an amount of marijuana of substantial weight, you may face a mandatory minimum sentence. Experienced defense counsel is paramount to the success of your case.
We use our knowledge of the law to our client’s benefit. If required procedure was not followed or our clients’ rights were violated, we petition to have evidence suppressed from the record — weakening or destroying the case against you. If you have been arrested for marijuana cultivation, trust the Best Houston Drug Lawyer Charles Johnson to provide the zealous defense representation you need. You can contact Attorney Johnson directly anytime night or day at (713) 222-7577.
About Marijuana Cultivation in Texas
In Texas, it is against the law to possess, distribute, or grow marijuana. The charges for these crimes are serious and the penalties include jail time, probation, prison, and expensive fines. In addition to these consequences, your driver’s license will be suspended even if you are not driving a vehicle at the time of your arrest.
Texas marijuana cultivation laws make it illegal for you to grow and possess certain plants or other organic materials that are used to produce marijuana. This means that if you are found with cannabis seeds, grow lighting systems, or marijuana plants, you will be charged with marijuana cultivation.
Large-scale federal marijuana cultivation charges are serious and carry severe consequences. As a federal offense, your case would be handled in the federal court system, which places strict sentencing guidelines on convictions. It is important that you retain a lawyer who has experience trying cases at the federal level. I can evaluate your case from every angle to determine the best course of action.
Marijuana is derived from the hemp plant called Cannabis sativa, which can be found growing naturally in many parts of the world. Though it may be commonly known as a hallucinogenic drug, the hemp or marijuana plant can be used in many other ways to produce paper, hemp oil, food and clothes. Owning items that are made of hemp is not illegal; however, growing or cultivating a marijuana plant in Texas is punishable as a criminal offense.
Marijuana remains readily available and is considered the most widely used illegal drug throughout the State of Texas. Marijuana in this area is primarily imported from the Texas/Mexico border via privately owned vehicles (POV) and commercial trucks. Large quantities of marijuana are routinely seized by all levels of law enforcement during highway interdiction stops in the North Texas area. In recent years, increased enforcement activity has lead to the seizure of several significant indoor marijuana cultivation operations in North Texas. These operations range in size from 100 to over 1100 plants and have produced marijuana with THC levels as high as 15%. Mexican marijuana is the most predominantly trafficked drug in the Houston Division. It is not uncommon for the US Border Patrol to make multi-hundred pound marijuana seizures from “back packers” at points along the Rio Grande River, and from vehicles at the US Border Patrol secondary checkpoints in Texas. At the Ports of Entry, ton quantity seizures of marijuana are often made from commercial trucking attempting to enter the United States.
Seasonal marijuana growing operations may be conducted on lands of all ownership. Some individuals elect to grow their illegal crops on publicly owned lands where isolation and limited public access lessen the likelihood of accidental detection. Certain things may be indicators of an outdoor growing operation. Some of these are:
- An unusually large purchase of fertilizer,
- garden hoses, PVC pipe, and
- camouflage netting.
- Excessive security measures out of place
- in remote forested areas.
- An unusual structure or out-of-place
- items in remote forested areas, such as
- buckets, garden tools, hoses, PVC pipe,
and fertilizer bags.
Many individuals choose to cultivate marijuana indoors in order to have total control of the environment. These operations may divert power from power companies to circumvent payment of high bills and attempt to avoid detection. This only raises the cost of power for law-abiding citizens.
Certain things may be indicators of an indoor growing operation. Some of these are:
- Covered or blackened-out windows.
- Loud humming sounds (from fans or ballasts).
- An unusually strong musty odor.
- Unusually large amounts of potting soil, containers, fertilizer, hoses, halide light system, and ballasts.
- Excessive security measures and use of guard dogs.
Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Texas, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Texas Stat. and Code Ann. § 481.002.)
It is a crime to possess marijuana in Texas. Penalties vary according to the amount possessed, with increased penalties for offenses in a drug free school zone. (Texas Stat. and Code Ann. § 481.121.)
Two ounces or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.
More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.
Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.
More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.
Marijuana Cultivation and Sales
It is illegal to cultivate or sell marijuana (or possess marijuana with the intent to do so) in Texas. Penalties vary according to the amount cultivated or sold, with increased penalties for sales to a minor or within a drug free school zone. (Texas Stat. and Code Ann. § 481.120.)
Gift of one fourth of an ounce or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.
Selling one fourth of an ounce or less. Penalties include a fine of up to $4,000, up to one year in jail, or both.
More than one fourth of an ounce, and up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between five and 99 years in prison, or both.
More than 2,000 pounds. Penalties include a fine of up to $50,000, at least ten (and up to 99) years in prison, or both.
It is illegal in Texas to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties for possession include a fine of up to $500, but no jail time. Selling paraphernalia may be punished with a fine of up to $4,000, up to one year in jail, or both. (Texas Stat. and Code Ann. § 481.125.)
A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.
In Texas, those who buy, transport, or import marijuana into Texas are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (Texas Stat. and Code Ann. § 159.101A.)
Challenging the Prosecution’s Case – Why You Shouldn’t Give Up Hope
Marijuana cultivation cases often depend on informants. People who have been arrested on drug and related criminal charges may agree to provide police with information in exchange for a reduced sentence. As a result, someone may give your name to the police when in reality you have little, if anything, to do with the cultivation of marijuana. Houston Drug Lawyer Charles Johnson will investigate the background of informants and their relationship to the police in order to expose leads and information ignored by law enforcement in building their case against you.
Facing Possession Charges
Often marijuana possession charges result from police contacts while in your car. Typically, officers will ask the driver if they can search their car. In many cases, drivers agree to a search thinking officers have a right to inspect their car. However, an officer must first have reasonable suspicion that a law has been broken to pull you over. Second, in order to search your car, one of the following must apply: You must give voluntary, informed consent to the officer; the officer must see something in plain sight that gives them probable cause to conduct a search; or the search must be incident to a lawful arrest. Attorney Johnson will review the evidence, dashboard camera footage and the actions of arresting officers to determine if your rights were violated.
The Value of Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse. As you can see, the penalties for marijuana cultivation in Texas are life changing. Not only is your freedom at stake, your bank account can be cleaned out and you will lose your driving privileges. You need an experienced drug-offense attorney on your side at a critical time like this.
Houston Drug Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas. Due to his dedication to fighting drug charges, he is familiar with the most effective defense strategies to defend you. If you’ve been arrested on marijuana cultivation charges in Houston or anywhere in Texas, it’s in your best interest to speak with an experienced drug cultivation defense lawyer who can inform you of your legal rights and provide you with the aggressive defense you need against your charges.
When you come to our firm, you can rest assured that a knowledgeable and well-practiced Texas marijuana cultivation defense attorney will thoroughly look into your charges to determine if the police violated your constitutional rights, or conducted an unlawful search and seizure. If we find any evidence that may indicate the police violated the law, we will make it known to the judge immediately, and motion to have the charges dropped.
To learn more about our defense services, please contact Houston Marijuana Cultivation Lawyer Charles Johnson anytime night or day at (713) 222-7577 to speak with him directly.
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The Charles Johnson Law Firm is one of the foremost criminal defense law firms in Houston in defending people from drug convictions, including the possession and sale of marijuana. Our unique strategy gives our clients the best opportunity to avoid criminal penalties, and our criminal defense law firm’s familiarity with drug laws, both felonies and misdemeanors, is unrivaled. We provide each client a high-quality legal defense that is superior. Houston Criminal Lawyer Charles Johnson can defend against any criminal drug charge in both federal and state courts, and our firm’s track record of success continues to grow.
Hire the Best Houston Drug Crimes Defense Lawyer: The Charles Johnson Law Firm
Criminal Marijuana Penalties
Marijuana possession and sale charges can be either misdemeanors or felonies, but both carry serious penalties. Jail time, heavy fines, probation, mandatory rehab programs and more are all possible penalties for drug charges. Attorney Johnson’s finely tuned defense techniques have evolved from years of experience, and he brings that knowledge and experience to those facing marijuana-related criminal charges.
Of all the marijuana laws in Texas, possession of marijuana may be the most unfair. It punishes otherwise responsible citizens merely for keeping some pot for personal use and who have no intention of ever doing anything hurtful with it or profiting from it. Nonetheless, it is an offense to possess, distribute or cultivate marijuana in Texas. Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.
The prosecution may argue that you’re “in possession” of marijuana in Houston, TX, if you’re found smoking marijuana or if you knowingly “exercised control” over the marijuana. Therefore, the location of the marijuana is very important:
- If the marijuana is found on your person, in your car, in or around your home, in a storage unit belonging to you, or in any other place that you have some authority over, the prosecution will argue that you were in possession of the marijuana since you had some control over the location.
- Furthermore, if marijuana is found in your system during a drug test or you were caught driving under the influence of marijuana in Texas, the prosecution may try to use that to prove you’ve been in possession of marijuana since you presumably “exercise control” over your body.
Marijuana Possession Penalties in Texas
- Two ounces or less include a fine up to $2,000, up to 180 days in jail or both
- More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.
- Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
- More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.
- More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
- More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.
Sale of Marijuana
Various states have different marijuana laws, and Texas is no different. Texas treats marijuana sales as a much more serious crime than possession, which is reflected in the penalties. The sale of any amount of marijuana can lead to prison time, even for small amounts.
Sale of Marijuana Penalties in Texas
- 1/4 oz – 5 lbs: 6 months – 2 years, $10,000 fine
- 5 lbs – 50 lbs: 2 – 20 years, $10,000 fine
- 50 lbs – 1 ton: 5 – 99 years, $10,000 fine
- 1 ton or more: Mandatory minimum of 10 – 99 years, with a $100,000 fine
These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 – 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).
The Houston Lawyer Charles Johnson understands the unique nature of Texas marijuana laws, and can provide a skilled defense. His unparalleled knowledge of state and federal drug laws gives him a unique ability to provide excellent legal services for you and your loved ones. If you are in need of criminal defense legal representation in the Houston area, contact Attorney Johnson anytime day or night at (713) 222-7577 to discuss your situation.
What Is Marijuana?
Cannabis sativa: There are two species of Cannabis. One species is Cannabis sativa, originally cultivated to make hemp. The stalks of the plant contain fibers that are woven to make rope, cloth, and paper. The other species is Cannabis indica, known for its psychoactive properties. Hashish is derived from Cannabis indica. In Africa, cannabis is know as “dagga,” in China as “ma,” and in India as “ganga” or “bhang”. Marijuana is the Mexican colloquial name for Cannabis sativa. Marijuana is a greenish-gray mixture of dried, shredded leaves, stems, seeds, and flowers of the hemp plant.
THC is the main psychoactive ingredient in marijuana. THC or delta-9-tetrahydrocannabinol is found in the plant’s resin. The amount of THC determines the potency of the marijuana. The resin is mostly concentrated in the flowers of the plant. Because of various cultivation techniques the amount of THC varies considerably in the flowers of individual plants.
Other Chemicals: Marijuana is a complex drug and is made up of 420 chemical components. Sixty-one of these chemicals are called cannabinoids and are unique to marijuana. Many scientific studies focus on the primary psychoactive chemical, THC but don’t know how these other cannabinoids affect the various organs, brain, and behavior.
Grades of Marijuana
- Low-grade marijuana is made from leaves of both sexes of the plant.
- Medium-grade marijuana is made of the flowering tops of female plants fertilized by male plants.
- High-grade marijuana is made of the flowering tops of female plants raised in isolation to male plants. This marijuana is called sinsemilla because it does not produce a seed.
- Hashish is produced when resin is collected from the Cannabis indica plant. The THC-rich resin is dried and then compressed into a variety of forms, such as balls, cakes, or cookie-like sheets. Pieces are then broken off, placed in pipes, and smoked or rolled into a cigarette along with tobacco or low-grade marijuana. The Middle East, North Africa, Pakistan, and Afghanistan are the main sources of hashish. THC content of hashish can vary from 8% to 20%.
What are the Physical Effects of Marijuana usage?
When marijuana is smoked, the affects are felt in minutes. The high usually peaks within a couple of hours. Marijuana affects users differently. The “high” can include a feeling of relaxation, improved sense perception, and emotional well-being. Music and visual images may seem more vibrant and intense. Time seems to slow down. Some people experience physical hunger and a range of emotion from laughter to introspection. Marijuana does not always produce pleasant feelings and may cause paranoia and hallucinations. Emergency room visits have increased because some people feel anxious or fearful after smoking high-grade marijuana. Whether the marijuana is smoked or eaten, THC can remain in the body for days. About half the THC is in the blood 20 hours after smoking. Although the initial high has disappeared, physical and mental functions may be affected for days.
The physical effects of marijuana depend on many individual factors such as personal health, the time of day that marijuana is used, the problems it causes, and how well a person is able to control his or her use. Research studies have shown that one of the primary concerns for those who use marijuana is cardiovascular damage. Marijuana causes damage to lungs that is similar to that caused by cigarettes. For people who inhale deeply or hold the smoke in their lungs longer, the risk can be greater. One study that compared cigarette and marijuana smokers found that marijuana smokers absorbed five times the amount of carbon monoxide, and had five times the tar in their lungs, as compared to cigarette smokers. For those who smoke both marijuana and cigarettes, the damage can be exponentially greater than that caused by marijuana or cigarettes alone.
Research shows that people who use marijuana more than one time during the day tend to have more social and physical problems than those who only use in the evenings. Those who use at multiple times may also be more likely to be smoking to avoid problems they feel unable to confront. A person who uses marijuana in addition to alcohol or other drugs can be at additional risk. The effects of some drugs become exponentially greater when taken together. In addition, the physical tolerance that one drug produces can sometimes affect another drug, and lead to dependence on multiple substances.
Is Marijuana Addictive?
While marijuana is not in the same addictive league as cocaine, heroin, and even alcohol, recent studies raise the possibility that THC affects the level of dopamine in the brain. Dopamine is a chemical in the brain that affects the pleasure circuits. Many addictive drugs cause the release of dopamine from the neurons. One report by the National Institute of Drug Abuse states that long-term marijuana use can lead to addiction for some people. This report concludes that along with craving, withdrawal symptoms can make it hard for long-term marijuana smokers to stop using the drug. People trying to quit report irritability, difficulty sleeping, and anxiety.
Texas does not prosecute possession of drugs only. In fact, Texas will prosecute a person for possession of drug paraphernalia. Thus, it is a separate criminal charge classified as a Class C Misdemeanor and typically carries a penalty of $500. Normally, if one is charged with a possession of controlled substance, then a possession of drug paraphernalia will be charged against the person, as well.
Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”
Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine. Drug paraphernalia generally falls into two categories:
User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.
Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.
With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see the appearance of “head shops,” which were stores that sold a wide range of drug paraphernalia. While some of the paraphernalia was crude and home-made, much was being commercially manufactured to cater to a fast-growing market. Enterprising individuals even sold items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended such blatant sales. Today, law enforcement faces another challenge. With the advent of the Internet, criminals have greatly expanded their illicit sales to a worldwide market for drug paraphernalia. For example, in a recent law enforcement effort, Operation Pipedreams, the 18 companies targeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually. Typically, such illicit businesses operate retail stores as well as websites posing as retailers of legitimate tobacco accessories when in reality the products are intended for the illegal drug trade.
Identifying drug paraphernalia can be challenging because products often are marketed as though they were designed for legitimate purposes. Marijuana pipes and bongs, for example, frequently carry a misleading disclaimer indicating that they are intended to be used only with tobacco products. Recognizing drug paraphernalia often involves considering other factors such as the manner in which items are displayed for sale, descriptive materials or instructions accompanying the items, and the type of business selling the items.
The Charles Johnson Law Firm is experienced in marijuana-related matters involving:
Contact the Best Houston Marijuana Possession Lawyer: The Charles Johnson Law Firm
Before someone can be convicted of marijuana possession in Houston, the state must prove that the accused actually had possession or took action to control the drug. Drug possession cases are complicated and depend the police’s adherence to strict guidelines concerning search and seizure of the drug.
As you could be facing fines, probation, drug classes, community service, and jail, it is crucial that you speak with an experienced Houston criminal attorney if you have been accused of this crime. Our team at the Charles Johnson Law Firm is well-equipped to handle any type of drug crime, including those involving possession of marijuana and/or drug paraphernalia. We understand that mistakes can happen and not everyone who has been accused of a crime is guilty. No matter how serious you may believe your case to be, contact The Houston Lawyer Charles Johnson directly by calling (713) 222-7577 anytime, day or night to discuss your case.
Arrested for Marijuana Possession or Sales? The Best Houston Lawyer
by Charles Johnson
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Drug trafficking is generally referred to as the manufacturing, transporting and distributing of large quantities of drugs. It often involves more than one person. Drug trafficking charges are wide and varied depending on the scope of the trafficking. Additionally, if the drug trafficking was directed towards minors, then prosecutors will seek enhancements to the charges. State and federal governments have adopted strict laws and severe penalties regarding the trafficking of drugs. Penalties can approach seven figures and decades in prison for severe cases. Houston Criminal Lawyer Charles Johnson has proven how to successfully approach and handle these types of cases and he should be contacted immediately when an arrest is made for drug trafficking.
Drug Trafficking is probably the most charged offense in federal court and is also quite prevalent in state courts. Because of the severity of the sentences, evidence and all circumstances and conditions regarding your arrest will be thoroughly examined by the Charles Johnson Law Firm and their team of experienced investigators. Drug trafficking cases can be quite involved, and with the vast amounts of drugs coming in from Mexico, prosecutors are aggressively pursuing convictions.
Types of Drug Trafficking Laws
Drug trafficking laws vary by country and region, but generally include distribution, manufacturing, and dispensing certain categories of controlled substances. Usually, the drugs are classified according to type and the addictive nature of the drug. Highly addictive narcotics like heroin and crack typically fall into one class, while marijuana and prescription drugs are considered less harmful. International drug trafficking laws are commonly handled under customs law.
Possession of drugs with the intent to sell routinely falls under drug trafficking statutes. If someone is found with a large amount of narcotics, it may be presumed that he or she intends to distribute the drugs for money. Different regions determine how much and what kind of drug is considered outside limits for personal use. Penalties for violations of these drug trafficking laws are often based on the quantity of the substance and its type.
Those who manufacture drugs may be charged under drug trafficking laws in most places. These sections of the law typically include possession of chemicals or equipment needed to make the controlled substance. Narcotics laws in each country outline the exact chemicals or equipment considered illegal.
Drug trafficking laws may include a provision that allows law enforcement to seize assets used to commit a crime. For example, if drugs are sold from a house or vehicle, a judge may order that those assets be forfeited to the government. The property is typically sold at a public auction, with the proceeds going to fund narcotics operations.
Almost any scheduled narcotic can qualify for a drug trafficking charge. In state courts the amount of drugs (cocaine, cannabis, extasy, crystal meth, acid, heroine, prescription medication) will determine if a possession charges becomes a trafficking charge. Even if you are only going to used the drugs for your personal consumption, the amount that you possess could bring a trafficking charge. You may also qualify for a distribution charge if it appears that a small amount of drugs was packaged for distribution. Each state is different as to the amount necessary for the trafficking charge. Under the federal statute you can be charged for the amount you have and or the amount you were trying to buy from a government agent. You may never actually possess the drugs, but you will be charged.
Supplying drugs to children or using minors to distribute narcotics generally carries tougher penalties than those that apply to adults. In some areas, maintaining a home for the purpose of making or distributing drugs where children live is also considered a more serious drug trafficking offense. Stiffer sanctions might also be imposed for those who sell drugs near schools, playgrounds, arcades, and other areas where children congregate.
Laws also exist that regulate drug trafficking by criminal gangs or organized groups. Penalties might be enhanced if weapons are used in the distribution of a controlled substance. Those with profits from organized sales of narcotics can also be prosecuted under money laundering statutes in some jurisdictions.
Defenses for Drug Trafficking Charges
Houston Criminal Lawyer Charles Johnson will provide skilled advice and representation to clients facing state or federal drug charges. He is considered an expert when defending against charges related to:
- Interception of a drug shipment
- Drug conspiracy charges
- Interstate drug distribution
- Undercover interstate trafficking stings
- Illegal sale and trafficking of prescription drugs
- Illegal sale and trafficking of cocaine, heroin, marijuana, methamphetamine (meth), MDMA (Ecstasy)
Drug trafficking charges often hinge on the prosecution’s illegal search and seizure of your vehicle, undercover drug operations, and confidential informants who are attempting to make a deal. As an expert lawyer skilled in drug cases, Attorney Johnson will thoroughly investigate how the prosecution came upon the evidence collected and determine if the method of collecting the evidence is in violation of your constitutional rights.
The court will have no choice but to keep any illegally obtained evidence out of trial. Attorney Johnson’s ability to thoroughly investigate drug cases and vigorously challenge the factual and constitutional merits of the prosecution’s case has proven effective in his defense of clients facing drug trafficking charges involving cocaine, heroin, marijuana, methamphetamine (meth) or prescription narcotics.
Even if the police find drugs directly in a person’s possession, the drugs and other evidence could be suppressed (thrown away) if the police did not follow the proper procedures required under the U.S. Constitution. One of the first things Attorney Johnson will look for when defending someone accused of a drug offense is whether the police themselves acted in a legal manner. Other defenses include areas such as whether the actual weight of the substance was correct when allowing for hydration, whether the chemical composition of the substance was correct as charged, whether there was joint or constructive possession of the substance which could subject the case to a Motion to Dismiss and whether the accused was entrapped into committing the offense by law enforcement or one of its informants.
Another possible defense for drug trafficking charges would involve a violation of constitutional right to counsel and right to remain silent. Once charged or in custody, you are required to be informed of your rights and given access to legal representation if you request it. Contact Houston Criminal Lawyer Charles Johnson immediately upon arrest before saying anything that could be used against you in the future. This can often mean the difference between a conviction and walking away free of any charges. You would be surprised at how many cases result in a conviction due largely to statements made by the accused.
Other possible defenses may include:
- Lack of knowledge
- Mistake of fact (For example, thinking the drug was sugar when in fact, it was cocaine.)
- Duress (For example, if Bob was forced to transport the cocaine because if he refused, something bad would happen to his family.)
- The substance was not intended for human consumption
Lastly, Attorney Johnson will determine if inappropriate charges were filed. Drug trafficking is a highly political issue, and you may find yourself facing inflated charges. The right attorney can insure that any charges you do face are appropriate to the acts alleged by the prosecutor.
At the Charles Johnson Law Firm, we have the experience and know-how to guide you through this complicated process from the moment of your arrest through trial, if necessary.
The defense of drug-related crimes can be difficult and complex and requires an attorney with special skills, experience and knowledge. Houston Criminal Lawyer Charles Johnson is highly qualified to defend your case. Whether it is identifying a drug addiction issue so that we may assist in getting them treatment or counseling, negotiating a fair resolution in an effort to have charges or a sentence reduced or preparing and taking a case to trial, the Best Houston Criminal Lawyer is available to assist and defend you.
As an extremely experienced criminal lawyer specializing in drug cases at both the Federal and State level, Houston Criminal Lawyer Charles Johnson is well aware of the strategies, theories and methods employed by prosecutors when they prosecute a drug case. Attorney Johnson will use this knowledge to his client’s advantage while defending their cases to get the best possible outcome on their behalf.
We are proud to represent and care about our clients. We know the devastation that a drug conviction, an addiction or incarceration for a drug offense can bring to an individual or his/her family. We will answer your questions and guide you through the whole process, working to take away some of the confusion and uncertainty that comes along any drug offense charge, while all along seeking the most favorable outcome for you or your loved one.
Drug Trafficking by Criminal Gangs
There are nearly 1 million active gang members in the United States, based on analysis of federal, state, and local data, and the involvement of criminal gangs in domestic drug trafficking is becoming increasingly complex. Since 2001, many gangs have advanced beyond their traditional role as local retail drug distributors in large cities to become more organized, adaptable, deliberate, and influential in large-scale drug trafficking. Much of their growing influence has come at the expense of local independent dealers and small local criminal groups who cannot compete with gangs that establish control in smaller drug markets.
The influence of Hispanic and African American street gangs is expanding as these gangs gain greater control over drug distribution in rural and suburban areas and acquire drugs directly from Drug Trafficking Organizations (“DTOs”) in Mexico or along the Southwest Border.
In 2009, midlevel and retail drug distribution in the United States was dominated by more than 900,000 criminally active gang members representing approximately 20,000 domestic street gangs in more than 2,500 cities. These street gangs vary greatly with respect to their ethnic or racial identities, the types and amounts of drugs that they distribute, their strength and influence, and their adaptability. Their prevalence varies geographically, with the greatest concentration of street gangs occurring in the Great Lakes, Pacific, Southeast, and Southwest Organized Crime Drug Enforcement Task Force (OCDETF) Regions.
Many Hispanic and, to a lesser extent, African American gangs are gaining control over drug distribution outside urban areas that were previously supplied by local independent dealers or small local criminal groups. Around 2007, Hispanic and African American gangs throughout the country, but especially in the Southwest and Great Lakes Regions, began to command greater influence over drug distribution in many rural and suburban areas. This trend continued in 2009. For example, in 2009, the Avenues street gang based in Los Angeles, California, expanded its operations to distribute drugs in suburban and rural locations throughout southern California.
To increase their control over drug trafficking in smaller markets, street gangs have been increasingly acquiring larger wholesale quantities of drugs at lower prices directly from DTOs in Mexico and along the Southwest Border. Several Southwest Border street gangs, such as Shelltown 38th Street, Tri-City Bombers, and Vallucos, smuggle wholesale quantities of drugs obtained in Mexico into the United States. By purchasing directly from Mexican wholesale sources in Mexico or along the Southwest Border, gangs throughout the country realize cost savings that enable them to sell drugs at lower prices than local independent dealers in small communities, driving these dealers out of business. For example, members of the Chicago-based Latin Kings street gang who operate in Midland, Texas, purchase cocaine from Mexican traffickers in south Texas for $16,000 to $18,000 per kilogram, compared with $25,000 to $35,000 per kilogram from wholesale traffickers in Chicago. With this savings, the gang undersells other local dealers who do not have the capacity to buy large wholesale quantities directly from Mexican DTOs in Mexico or along the Southwest Border.
Hispanic prison gangs, primarily in Southwest Border states, are gaining strength by working directly with Mexican DTOs to acquire wholesale quantities of drugs and by controlling most street gangs in areas along the Southwest Border.
Prison gangs are active in all 50 states and are increasing their influence over drug trafficking in areas along the Southwest Border (see Table B4 in Appendix B). Prior to 2001, the criminal influence of prison gangs was limited primarily to retail-level drug distribution. However, since that time, Hispanic prison gangs have become increasingly involved in the transportation and wholesale distribution of drugs.
Hispanic prison gangs such as Hermanos de Pistoleros Latinos (HPL) and Raza Unida operating in Southwest Border states have increased their involvement in wholesale drug distribution activities through cooperative relationships with Mexican DTOs. Through these relationships, Hispanic prison gangs are able to gain access to wholesale quantities of drugs. For example, in September 2009, 21 members of HPL were convicted in the Southern District of Texas (Houston) of conspiring to distribute more than 150 kilograms of cocaine and laundering millions of dollars in drug proceeds. In April 2009, 15 members and associates of the Raza Unida prison gang were indicted for trafficking multikilogram quantities of cocaine and methamphetamine weekly in McAllen and Houston, Texas.
To ensure a consistent profit stream from the wholesale drugs that they purchase from Mexican DTOs, Hispanic prison gangs distribute drugs through street gangs that they largely, if not entirely, control. Through force or intimidation, Hispanic prison gangs exercise significant control over local gangs that distribute their drugs in the Southwest Border region. For example, Barrio Azteca prison gang members operating in El Paso, Texas, collect drug payments and taxes from 47 street-level gangs and independent drug dealers trafficking drugs in El Paso.
Potential Penalties for Drug Trafficking
The penalties for drug trafficking offenses vary and depend on a number of factors. These include the type and amount of illegal drugs (also called “controlled substances”) found in a person’s possession, whether the person is a repeat offender and the state in which the person is charged.
Drug trafficking or distribution in Texas is a felony upon which a wide range of penalties may be imposed. It may be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, which carries the harshest. The factors influencing which sentence will be imposed are: (1) the amount of the drug being distributed or delivered; and (2) the type of drug and which of the four groups of drugs it is classified under. The smaller the amount of a drug in a certain group, the lighter the sentence may be.
Texas has some very heavy penalties for drug trafficking. Prosecutors may often offer plea deals to defendants where they may offer a charge with a lesser penalty in exchange for information that would help them gather evidence for a higher priority investigation.
The sentences involved may range anywhere from 180 days to two years in state jail and/or a fine of no more than $10,000 for a state jail felony, to life in the Texas Department of Criminal Justice or a term of 15 to 99 years in prison and/or a fine of not more than $250,000 for the heaviest first degree felony. The harshness of the sentence imposed depends on how much of the drug is being trafficked. For example, trafficking or distributing less than one gram of a substance in the first grouping of drugs carries a state jail felony charge, whereas trafficking 400 grams or more of any one of the same drugs carries a first degree felony charge that may include a life sentence.
At the Federal level, the Controlled Substances Act (PL 91-513, 1970, last amended in 2000) provides penalties for the unlawful manufacture, distribution, and dispensing (or trafficking) of controlled substances, based on the schedule (rank) of the drug or substance. Generally, the more dangerous the drug and the larger the quantity involved, the stiffer the penalty. Trafficking of heroin, cocaine, LSD, and PCP, all Schedule I or II drugs (see Table 2.1 in Chapter 2), includes mandatory jail time and fines. A person caught selling at least five hundred grams but less than five kilograms of cocaine powder (seventeen ounces to just under eleven pounds) will receive a minimum of five years in prison and may be fined up to $2 million for a first offense. (See Table 6.1.) The same penalty is imposed for the sale of five to forty-nine grams of cocaine base (“crack”). Five grams are equal to the weight of six plain M&Ms candies, and forty-nine grams are a little more than a bag of M&Ms candies (47.9 grams). The high penalty for selling crack is an expression of the unusual severity with which legislators are trying to curb the use of this drug.
Penalties double with the second offense to ten years in prison and up to $4 million in fines. When higher quantities are involved (five or more kilograms of cocaine powder, fifty grams or more of crack, etc.), penalties for the first offense are ten years, and fines up to $4 million may be levied. For the second offense, twenty years and up to $8 million in fines are given, and the third offense results in mandatory life imprisonment. These examples are for an individual. Higher penalties apply if an organized group is involved or if a death or injury is associated with the arrest event.
These penalties apply also to the sale of fentanyl (a powerful painkiller medicine) or like-acting drugs, heroin, LSD, methamphetamine, and PCP. The smallest amount, which can earn someone a minimum sentence of five years in prison and a fine of up to $2 million, involves trafficking in LSD, where a one-gram amount carries a five-year minimum sentence in prison.
Special penalties exist for marijuana trafficking, since it may be traded in large quantities or grown in substantial amounts. The lower the amounts sold or the fewer the plants grown, the lower the sentence. A person cultivating one to forty-nine plants or selling less than fifty kilograms of marijuana mixture, ten kilograms or less of hashish, or one kilogram or less of hashish oil may get a maximum sentence of five years in prison and a maximum fine of $250,000. Sentences for second offenses involving large amounts of marijuana may earn the trafficker up to life imprisonment.
The penalties for drug trafficking are harsh, and reflect the seriousness of this felony offense and the current political climate. A conviction can lead to jail time, forfeiture of property and fines, but that is only part of the story. It places your current employment in jeopardy, places a severe emotional strain on you and your family, adversely affects your ability to find new work, and places your entire future at risk.
Hire the Best Houston Drug Trafficking Lawyer: The Charles Johnson Law Firm
A drug trafficking conviction can have an extremely adverse effect on a person’s current and future life in many regards. Both state and federal prosecutors have their eye on a conviction of the most severe charges possible and not on your rights. Houston Criminal Lawyer Charles Johnson will work diligently with prosecutors regarding any circumstances or conditions that could result in charges being dropped or reduced. If necessary, our firm can take your case to court and present a strong defense on your behalf.
The Charles Johnson Law Firm expertly handles all types of Texas drug-related offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious ones, such as participating in an organized drug trafficking business with sale, distribution and manufacturing activities. We also defend charges involving controlled substances, such as, marijuana, crack, paraphernalia, cocaine, heroin, ecstasy, methamphetamines (meth), hallucinogens such as LSD, oxycontin, oxycodone, hydrocode, xanax, and Rohypnol club drugs. We represent all levels of people charged with drug offenses, from the student or small time person, to the professional, medical doctor or person accused of being a large scale distributor or trafficker.
If you have been arrested for drug trafficking in Houston, TX, take fast action with a skilled and resourceful Houston Criminal Lawyer. Contact the Charles Johnson Law Firm immediately anytime night or day for a free phone consultation to discuss your case.
Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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