Changes to drug possession laws, in particular, possession of marijuana or cannabis, seem to be ever-evolving and it might be difficult for you to know if you are committing a crime in regards to both its possession and personal use or if you need a marijuana defense lawyer if you’ve been accused of an unlawful offense.
If you have been charged with any violation of the marijuana laws you need the expertise of a marijuana defense lawyer who understands the nature of the law and how best to defend the charges you are facing. If you’ve been charged in Williamson County, including Cedar Park and Round Rock, let the experience of the Jackson Law Firm work for you and your case. We will handle your case with knowledge, integrity, and honesty.
The arrival of marijuana to the United States came in 1611 through England’s King James I. He declared that hemp production was to be mandatory in the American colony of Virginia, and hemp was mainly used for the rigging of English ships.
In the 1800’s cannabis was used as a tincture in medicine until aspirin took over the market.
In the 1930’s, marijuana began to be linked to crime rings and outlaws who would cross the borders of Mexico into the United States to sell large quantities, and the earnest campaign to prohibit its use and make its possession and sale against the law began.
The federal government outlawed marijuana in 1937.
The Boggs Act of 1951 established mandatory prison sentences and being found to have marijuana in your possession carried a minimum sentence of 2 years in prison. A second offense of being in possession of marijuana carried a 5-year sentence and a third offense resulted in a minimum of 10 years in prison.
A Senate subcommittee investigated drug trafficking and sales nationwide in 1955, which led to the 1956 Narcotics Control Act. This Act increased mandatory sentences for people who sold marijuana and other drugs, making a first offense of selling marijuana a mandatory minimum 5 years sentence, and all other offenses a mandatory 10 years. The 1956 Act also disallowed judges from suspending sentences for those sentences they felt too harsh for the individual.
Both legal prohibitions were intended to curb the sale and use of illegal drugs but did not succeed. It was discovered that new drugs were being introduced and popularized, in fact, the laws did not control or stop the spread of drugs in the country, but increased use and sales.
The various slang names used for marijuana or cannabis are varied and change with the times and include such names as weed, mary jane, grass, bud, green, and many others. Times have also certainly changed and the law has evolved through the years regarding the use and possession of marijuana.
In a few states, the recreational use of marijuana has become regulated and accepted and has even become big business. Unlike Washington State, Oregon, and Colorado, Texas has a few stricter laws over the use and sale of marijuana, including that of marijuana for medicinal purposes.
In 2015 the Texas Compassionate Use Act was enacted by the 84th legislative session in order to allow some people to legally use medical marijuana. It required the Department of Public Safety (DPS) to give license to three organizations for dispensing medical marijuana by Sept. 1, 2017.
The licenses would authorize those organizations to grow, process, and dispense low-THC marijuana or cannabis to patients who had been prescribed it by their physicians. The requirements were met and on Sept. 1, 2017, Cansortium Texas began selling medical marijuana to people who possess a valid State issued Medical Marijuana Card (MMJ Card).
This Act not only decriminalized some drug offenses but widened the scope for medical personnel to prescribe marijuana for various ailments related to illness. Low-THC cannabis contains at least 10% cannabidiol (CBD) but not more than 0.5% tetrahydrocannabinol (THC).
Only an attorney would be able to tell you whether the charges in your case are defensible under this new law. The Jackson Law Firm is available to meet with you for a consultation, and if you’ve been charged with an offense related to medical marijuana, you will need experts who can determine the best defense for the best possible outcome of your case.
Marijuana-related charges are the majority reason for drug arrests nationwide. It is not only possession of cannabis which is illegal but the following also carry penalties:
These charges have potential to carry severe penalties. Your driving license could be suspended, you could be subject to future mandatory random drug testing or drug treatment program, and if you are a student, in some schools, upon learning you have been convicted of a drug offense, they can suspend you from school, expel you from school, and even withhold your diploma.
Any criminal charge must be proven beyond a reasonable doubt. A person only needs to prove an affirmative defense by a preponderance of evidence which means prove their innocence by a greater weight of the evidence.
Possession of Marijuana can result in:
Driving while intoxicated (including drugs like marijuana) can result in:
Manufacture or delivery of controlled substances (drugs) can result in:
Delivery of Marijuana can result in:
There are many factors to consider in drug-related crimes and offenses cases. How much marijuana did you possess? What was the weight? Do you have a valid medical marijuana card? A valid license to sell medical marijuana? Were you on federal property at the time of your arrest? If you are convicted of any crime on Federal Property, the penalties can double.
Each case is individual and only an attorney can advise you of the penalties which are possible in your case. Drug charges are always serious, your liberty and future reputation could depend on your defense of the charges.
If you have been charged with a marijuana crime and you need a marijuana defense lawyer, call The Jackson Law Firm today. We defend your case from the principles of dignity and integrity and understand that your main concern is the outcome of your case. We serve all of Williamson County including Cedar Park and Round Rock.