Marijuana is regarded as the frequently abused unlawful drug in the United States. Marijuana is defined as 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 specific situations.
Possession of marijuana (sometimes often called simple possession) is among the most common drug criminal offenses in 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 crimes 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 oz. Criminal possession of marijuana is also a misdemeanor but the repercussions increase as does the probability of jail time.
Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to twelve months in jail and a minimum fine of $1,000 for a first conviction. Additional convictions and greater amounts bring about much stiffer penalties. Comparatively few marijuana possession court cases give rise to a felony level crime. Marijuana distribution, however, is invariably a felony under federal law. The sale of under 50 kilograms 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 organic state, the plant by 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 debated ever since, its use among Native Americans in religious ceremonies and the utilization of the drug by cancer patients to relieve nausea being the most recurrent arguments used for its legalization, including a significant change in the marijuana possession laws.
Marijuana production’s principal supply is Mexico. Virtually all foreign-produced marijuana available within 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 deemed 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. In addition, 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 buy or lease a residence, modify the residence for the purpose of producing two to four crops of cannabis and abandoning 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 specific medical ailments. Nonetheless , in United States v. Oakland Cannabis Club, the United States Supreme Court ruled that marijuana doesn’t 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 has no medical benefits worthy of an exception outside 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 doubtless 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, normally revolve around the misuse of police power to search and seize assets, Illegal search and seizure, unlawful surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.
Houston Marijuana Possession Defense Attorney: Hire Houston Lawyer Charles Johnson
Texas courts take marijuana possession criminal charges seriously, and so should you. Multiple convictions of marijuana possession can bring about felony charges. Hence, you want to battle every arrest you confront , not just right away , but to safeguard your legal rights in the future as well. Considering that possession criminal charges might very easily bring about growing and cultivation charges, you want a lawyer who can lower virtually all potential damages.
Houston Lawyer Charles Johnson will defend your legal rights and fight for you against marijuana possession criminal charges.
The seriousness of the criminal 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 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 considered 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 potential, we are going to seek to lessen the charges or reduce the penalties where possible.
For first-time offenders, Houston Attorney Charles Johnson 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 discover virtually all potential alternative sentencing techniques.
Juvenile Marijuana Possession
Marijuana has a unique smell, and so 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 another infraction might bring about significant repercussions, including the loss of student loans. Houston Criminal Attorney Charles Johnson will handle juvenile crimes involving marijuana possession as well as criminal court cases.
If you or a family member have been arrested for marijuana possession, you want an expert attorney who is prepared to stand up for your protection under the law right right now. Contact Houston Attorney Johnson immediately for a free of charge initial consultation.