How To Beat A Possession Of Marijuana Charge: A Former Prosecutor Breaks Down The Law!
Were you charged with possession of marijuana in Fort Worth, Arlington, Tarrant County, or the surrounding cities? Despite widespread use and acceptance of marijuana in the state of Texas, possession of marijuana remains illegal, and the District Attorney’s Office vigorously prosecutes all drug-related crimes.
A conviction for possession of marijuana in Texas carries devastating consequences. If convicted, you face up to life in Texas prison, up to $10,000 in fines, and lengthy periods of parole or probation, as well as difficulty in finding and maintaining employment, seeking child custody, applying for financial aid, and obtaining an apartment. A skilled and knowledgeable Fort Worth Drug defense lawyer can inform you of the consequences of a conviction and work with you to formulate a plan for tackling the accusations.
Possession of Marijuana
The Texas Health and Safety Code defines marijuana as a controlled substance because of its hallucinogenic and mind-altering properties. In addition, synthetic marijuana has become widely popular throughout Texas. Synthetic marijuana is not marijuana. It is a chemical composition developed to simulate the effects of marijuana. It is commonly known as “K2” or “Spice.”
The Texas Penal Code defines possession of marijuana to involve the knowing and intentional possession of a marijuana-based product. The State of Texas must prove beyond a reasonable doubt that you intentionally or knowingly possessed (exercised care, custody, or control) over the marijuana.
Possession of THC Oil Edibles and Gummies
Have you been arrested for possession of marijuana through THC oil that has been added to edibles or gummies? Recent changes in Texas marijuana law may protect you from a charge like this or may provide your marijuana possession lawyer new tools to argue that a dismissal of your marijuana charge should take place. Unfortunately, possessing THC oil that has been infused into other edible items can carry serious and life altering consequences that can include up to life in prison and up to a $10,000 fine.
How is this possible? Under Texas marijuana law, the prosecutor is permitted to weigh the entire item and use its weight as the basis for the severity of the marijuana charge. For example, if you were to add THC oil to a pan of brownies, 99% of the weight of the brownies would be flour, sugar, and other baking ingredients with only a small portion being the weight of the THC oil. However, Texas marijuana law allows the State of Texas to add all “adulterants and dilutants” in the calculation of the drug weight which permits a very serious felony charge to arise from this scenario.
It is critical that you retain an experienced and aggressive Fort Worth marijuana lawyer to help you with your drug defense to protect you from being convicted and punished for a felony marijuana charge.
Penalties for Possession of Marijuana
Possession of marijuana can be a misdemeanor or felony depending on the amount recovered.
• Class B Misdemeanor: Possession of Marijuana Two ounces or less
• Class A Misdemeanor: Possession of Marijuana Two to four ounces
• State Jail Felony: Possession of Marijuana Four ounces to five pounds
• Third Degree Felony: Possession of Marijuana Five pounds to 50 pounds
• Second Degree Felony: Possession of Marijuana 50 pounds to 2,000 pounds
• First Degree Felony: Possession of Marijuana Over 2,000 pounds
Legal Defenses To Possession of Marijuana
The crime of possession of marijuana sounds simple: you either have marijuana in your possession or you don’t. However, an aggressive and experienced Fort Worth drug possession attorney will analyze each element of the crime and determine the strengths and weaknesses of the case and provide a customized defense strategy. Let’s analyze a few common possession of marijuana defenses your Fort Worth drug lawyer should consider:
No Criminal Intent To Possess Marijuana
The State of Texas must prove beyond a reasonable doubt that the possession (exercise of care, custody, or control) of marijuana was intentional or knowing. In other words, if you had no idea the marijuana was near you, you have not committed a crime. Merely being present at the scene of a drug possession does not, by itself make you guilty of possession of marijuana.
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00:00 Possession of Marijuana Case
00:37 What is Possession of Marijuana
01:54 Possessing Marijuana
04:40 Punishments For Possessing Marijuana
05:49 Defenses to Possessing Marijuana Charge
11:48 What To Do If Facing a Marijuana Charge?
14 авг 2024
