Top Houston Criminal Defense Lawyer: Facing A Marijuana Case?

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by: DebDarnell Total views: 45 Word Count: 1090   

Marijuana is among the most frequently abused illegal drug in 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 impose strict penalties under certain situations.

The Best Houston Criminal Defense Lawyer will safeguard your legal rights and fight for you against marijuana possession criminal charges.

Possession of marijuana (sometimes called simple possession) is regarded as the common drug criminal activity 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 of more than 2 ounces but less 8 ounces. Criminal possession of marijuana is also a misdemeanor however the consequences increase as does the chance of jail time.

Technically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one full year in jail as well as a minimum fine of $1,000 for a first conviction. Further convictions and greater amounts result in much stiffer penalties. Comparatively 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 prison as well as 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 in the course of the 20th century, with struggles 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 alleviate nausea being the most frequent arguments used for its legalization, as well as a major change in the marijuana possession laws.

Marijuana production's principal source is Mexico. Virtually all foreign-produced marijuana readily 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 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 regarded 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 remain 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, modify the residence for the objective of producing two to four crops of cannabis and walking away from the property once the crops are harvested.

Challenges to current marijuana production and distribution laws are ongoing, with a number of states decriminalizing certain marijuana usage for particular health conditions. Nevertheless , in United States v. Oakland Cannabis Club, the U.S. 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 does not have any 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 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 within the United States Court system for many years.

Defenses for those guilty of breaking marijuana possession laws, and distribution of marijuana laws, typically revolve around the misuse of police power to search and seize property and assets. Unlawful search and seizure, unlawful surveillance, and entrapment are the primary means of defending an arrest of marijuana possession or marijuana distribution.

Houston Marijuana Possession DefenseLawyer: Hire the Top Houston Lawyer

Texas courts take marijuana possession charges seriously, and so should you. Multiple convictions of marijuana possession may bring about felony criminal charges. Consequently, you want to battle every arrest you face, not just today, but to protect your rights in the future as well. Given that possession criminal charges may easily lead to growing and cultivation charges, you want an experienced criminal defense attorney who will lower all potential damages.

The harshness of the charges you have to deal with depends on the quantity of marijuana. In the event you are caught with under two ounces, you will face minor misdemeanor charges, but the penalties go up steeply from there. Possession of two to four ounces is a Class A Misdemeanor, and possession if over four ounces is recognized as a felony.

No one wants a drug charge 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 will seek to reduce the charges or minimize the penalties where possible.

For first-time offenders, the Leading Houston Criminal Lawyers will explore diversionary programs as well. By seeking proper drug treatment, you may perhaps be able to avoid prison time. They will help you discover virtually all possible alternative sentencing techniques.

Juvenile Marijuana Possession

Marijuana has a distinctive odor, and therefore it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities can smell it and another infraction may lead to severe repercussions, including the loss of student loans. The Top Houston Criminal Defense Attorneys will handle juvenile crimes involving marijuana possession as well as criminal cases.

If you or a loved one have been charged with marijuana possession, you want an skilled trial lawyer who is ready to stand up for your rights right now. Get in touch with the Best Houston Lawyer right now for a free of charge initial consultation.

Additional information:

Eneida Reenders enjoys writing about Criminal Defense issues. In the event you or a loved one have been arrested recently and want professional help, get in touch with the Top Houston Criminal Lawyer today for your initial free consultation.

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