Marijuana is among the most frequently abused illegal 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 known as 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 violations 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 however the repercussions increase as does the chance of jail time.
Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one full year in prison along with a minimum fine of $1,000 for a first conviction. Additional convictions and greater amounts lead to much stiffer penalties. Fairly few marijuana possession cases give rise to a felony level crime. Marijuana distribution, however, is invariably a felony under federal law. The sale of under 50 kilos of marijuana (the smallest amount category) is punishable by five years in jail along with a $250,000 fine.
Marijuana is typically 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 battles 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, and a major change in the marijuana possession laws.
Marijuana production’s principal supply is Mexico. Nearly 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 most of wholesale marijuana distribution within 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 begun operating indoor grow sites in residences throughout the Pacific Northwest and California. The trend is to buy or lease a house, customize the house for the objective of producing two to four crops of cannabis and abandoning 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. However, in United States v. Oakland Cannabis Club, the U.S. 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 beyond the confines of government-approved research projects.”
In 2002, the United States Court of Appeals for the District of Columbia Circuit issued a verdict 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 a long time.
Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, usually revolve around the misuse of law enforcement officials power to search and seize property and assets. Unlawful search and seizure, unlawful surveillance, and entrapment are the primary means of defending a charge of marijuana possession or marijuana distribution.
Austin Marijuana Possession Defense Attorney: Hire the Most Respected Austin Attorney
Texas courts take marijuana possession criminal charges very seriously, and so should you. Multiple convictions of marijuana possession might lead to felony charges. Consequently, you want to battle every arrest you confront , not just today, but to preserve your liberties in the future as well. Since possession criminal charges can easily lead to growing and cultivation charges, you want a lawyer who can lower virtually all potential damages.
The Most Effective Austin Criminal Defense Attorney will defend your liberties and defend you against marijuana possession charges.
The severity of the criminal charges you encounter 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 repercussions 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 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 isn’t really conceivable, we are going to seek to lessen the criminal charges or minimize the penalties where possible.
For first-time offenders, the Leading Austin Criminal Defense Attorney will explore diversionary programs as well. By seeking proper drug treatment, you will likely be able to avoid prison time. They will help you discover virtually all potential alternative sentencing techniques.
Juvenile Marijuana Possession
Marijuana has a unique odor, and so 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 result in significant penalties, including the loss of student loans. The Most Effective Austin Criminal Defense Attorney 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 trial lawyer who is prepared to stand up for your rights right today. Speak to the Finest Austin Drug Attorneys now for a no cost initial consultation.