Marijuana is considered 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 very 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.

Possession of marijuana (sometimes called simple possession) is considered the most common drug criminal activity 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 crimes 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 2 ounces but less eight oz .. Criminal possession of marijuana is also a misdemeanor but the repercussions increase along with the possibility of jail time.

Theoretically, under federal drug law, the possession of marijuana, in any amount, is punishable by up to one year in prison along with a minimum fine of $1,000 for a first conviction. Further convictions and greater amounts bring about 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 kilograms of marijuana (the smallest amount category) is punishable by 5 years in jail including a $250,000 fine.

Marijuana is typically 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 twentieth 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, along with a considerable change in the marijuana possession laws.

Marijuana production's principal origin is Mexico. Virtually all foreign-produced marijuana accessible 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 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 regarded superior to 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 begun operating indoor grow sites in homes throughout the Pacific Northwest and California. The trend is to buy or lease a house, customize the residence for the objective of producing two to four crops of cannabis and abandoning the property once the crops are harvested.

Challenges to current marijuana production and distribution laws are ongoing, with several states decriminalizing certain marijuana usage for particular medical ailments. On the other hand , in United States v. Oakland Cannabis Club, the U.S. Supreme Court ruled that marijuana has no 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 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 in the United States Court system for years to come.

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

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Texas courts consider marijuana possession charges very seriously, and so should you. Multiple convictions of marijuana possession can lead to felony charges. Consequently, you want to fight every arrest you encounter , not just now , but to defend your liberties in the future as well. Considering that possession charges can certainly very easily result in growing and cultivation criminal charges, you want a lawyer who will lower virtually all potential damages.

The Most Respected Houston Criminal Defense Attorney will safeguard your protection under the law and fight for you against marijuana possession criminal charges.

The harshness of the charges you encounter is determined by the quantity of marijuana. Should you are caught with less than two ounces, you will face minor misdemeanor charges, but the repercussions go up steeply from there. Possession of two to four ounces is 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 is not conceivable, we will seek to lessen the criminal charges or reduce the penalties where possible.

For first-time offenders, the Finest Houston Criminal Defense Lawyer will explore diversionary programs as well. By seeking proper drug treatment, you may perhaps be able to avoid jail time. They will help you discover virtually 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 might smell it and another infraction might result in significant consequences, including the loss of student loans. The Recommended Houston Lawyer 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 knowledgeable trial attorney who is prepared to stand up for your privileges right today. Speak to the Most Dedicated Houston Lawyer right now for a no cost preliminary consultation.