InsaneJournal

Houston Criminal Defense Attorney » Fighting A Marijuana Case?

Marijuana is 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 specific situations.

Possession of marijuana (sometimes often called simple possession) is the most common drug criminal activity in 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 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 two oz . but less 8 oz .. Criminal possession of marijuana is also a misdemeanor however the consequences increase as does the probability of jail time.

Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to twelve months in jail along with a minimum fine of $1,000 for an initial conviction. Further convictions and larger amounts bring about much stiffer penalties. Comparatively few marijuana possession court cases give rise to a felony level crime. Marijuana distribution, however, is always a felony under federal law. The sale of under 50 kilograms of marijuana (the smallest amount category) is punishable by 5 years in prison and a $250,000 fine.

Marijuana is commonly consumed in its organic state, the plant alone used 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 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 relieve nausea being the most frequent arguments used for its legalization, including a major change in the marijuana possession laws.

Marijuana production's principal supply is Mexico. Nearly all foreign-produced marijuana available in 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 that bring in the product over the Canadian border running a close second. The potency of Canadian marijuana being regarded better 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 purchase or lease a residence, customize the house for the purpose of producing two to four crops of cannabis and abandoning the property once the crops are harvested.

Challenges to existing marijuana production and distribution laws are ongoing, with quite a few states decriminalizing certain marijuana usage for particular health conditions. However, in United States v. Oakland Cannabis Club, the U.S. Supreme Court ruled that marijuana does not 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 verdict 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 undoubtedly 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, in most cases revolve around the misuse of law enforcement 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 Lawyer: Hire the Most Respected Houston Attorney:
Houston Lawyer, Criminal Lawyer in Houston, Houston Lawyer

Texas courts consider marijuana possession charges seriously, and so should you. Multiple convictions of marijuana possession can result in felony charges. Hence, you want to fight every arrest you confront , not just right away , but to preserve your rights in the future as well. Given that possession criminal charges may very easily lead to growing and cultivation charges, you want a criminal defense attorney who can lower all potential damages.

The Recommended Houston Criminal Lawyer will protect your protection under the law and defend you against marijuana possession charges.

The harshness of the charges you encounter depends on the quantity of marijuana. If you are caught with less than 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 known 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 criminal charges completely dismissed. If dismissal or an acquittal at trial isn't conceivable, we shall seek to reduce the charges or lessen the penalties where possible.

For first-time offenders, the Recommended Houston Lawyer 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 all possible alternative sentencing techniques.

Juvenile Marijuana Possession

Marijuana has a unique scent, and so it is dangerous for minors to smoke it anywhere: in a vehicle, at home, or in a dorm room. Authorities can smell it and another infraction can result in severe penalties, including the loss of student loans. The Top Houston Lawyer will handle juvenile crimes involving marijuana possession as well as criminal court cases.

If you or a family member have been charged with marijuana possession, you want an expert trial attorney who is ready to stand up for your protection under the law right now. Get in touch with the Recommended Houston Criminal Lawyer immediately for a free preliminary consultation.