Marijuana is among 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 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.
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 in excess of two oz . but less eight oz .. Criminal possession of marijuana is also a misdemeanor however the repercussions increase along with the chance of prison time.
Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one full year in prison including a minimum fine of $1,000 for the first conviction. Additional 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, will be a felony under federal law. The sale of under 50 kilos of marijuana (the smallest amount category) is punishable by 5 years in jail along with a $250,000 fine.
Marijuana is usually consumed in its natural state, the plant on its own 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 in the course of the 20th century, with struggles 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 ease nausea being the most recurrent arguments used for its legalization, including a major change in the marijuana possession laws.
Marijuana production’s principal origin is Mexico. Virtually all foreign-produced marijuana readily available within the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control the majority 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 thought to be greater 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 residences throughout the Pacific Northwest and California. The trend is to buy or lease a residence, customize the residence for the objective of producing two to four crops of cannabis and walking away from the property when the crops are harvested.
Challenges to existing marijuana production and distribution laws are ongoing, with many states decriminalizing certain marijuana usage for particular medical ailments. On the other hand , 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 medical benefits worthy of an exception outside of 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 within the United States Court system for a long time.
Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, ordinarily revolve around the misuse of law enforcement officials power to search and seize property and assets. Illegal 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 Best Attorneys In Austin
Texas courts consider marijuana possession criminal charges very seriously, and so should you. Multiple convictions of marijuana possession can certainly bring about felony criminal charges. Consequently, you want to battle every arrest you have to deal with, not just now , but to defend your protection under the law in the future as well. Considering that possession criminal charges might very easily result in growing and cultivation criminal charges, you want an experienced criminal defense lawyer who can lower virtually all potential damages.
The Best Austin Lawyers will preserve your protection under the law and fight for you against marijuana possession criminal charges.
The harshness of the criminal charges you confront is dependent on the quantity of marijuana. In the event you are caught with under two ounces, you will have to deal with minor misdemeanor criminal charges, but the penalties 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 initial step is to have the criminal charges completely dismissed. If dismissal or an acquittal at trial isn’t conceivable, we are going to seek to lessen the criminal charges or lessen the penalties where possible.
For first-time offenders, the Best Austin Criminal Attorneys will explore diversionary programs as well. By seeking proper drug treatment, you could very well be able to avoid prison time. They will help you examine virtually all conceivable alternative sentencing methods.
Juvenile Marijuana Possession
Marijuana has a unique scent, and therefore it is dangerous for minors to smoke it anywhere: in a vehicle, at home, or in a dorm room. Authorities may smell it and a second infraction may bring about severe repercussions, including the loss of student loans. The Leading Austin Criminal Lawyers 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 trial attorney who is willing to stand up for your privileges right today. Speak to the Finest Austin Criminal Attorney now for a free of charge preliminary consultation.