On an annual basis no state arrests and prosecutes more citizens for pot than Texas. In fact, marijuana arrests make up over 50% of all yearly arrests in Texas and in 2009 alone more than 96% of all marijuana arrests in the Lone Star State (77,000 people) were for drug possession only. A first drug conviction for even a small amount of marijuana can bring as much as six months in county jail and a $2,000 fine. The NORML group marched in Austin, Texas this March despite extreme heat, walking from the Austin City Hall to the State Capitol where NORML speakers from around the state spoke to the overheated crowds. The group does not encourage illegal activity rather their focus is on ending the prohibition on marijuana through legal, political actions.
How Texas Views Marijuana Possession The Texas legislature remains unmoved by NORML's repeated efforts to legalize marijuana, remaining steadfast regarding penalties for possession of marijuana. In fact, those caught with a single joint could be charged with a Class B misdemeanor, garnering them a couple thousand dollars in fines and 180 days in county jail. This seemingly minor offense would also result in a blemished criminal record which could cause serious, far-reaching effects. Should the person arrested have no prior felony convictions, at a minimum a Texas judge will impose probation along with mandatory drug treatment.
Misunderstandings Regarding 2007 Texas Legislation Legislation enacted in the Lone Star State in September of 2007 gives police officers the option to cite and release anyone in possession of a small quantity of marijuana. The word -option- is the key here. Should the police officer be feeling benevolent, the offender must still live in the county where the drug offense was committed and have less than four ounces of marijuana in possession. Even if the officer chooses to -cite and release- rather than arrest, the citation the offender receives is significantly more serious than a traffic violation citation. Even if you count yourself lucky enough to have received a citation rather than be arrested, the marijuana charge will still show on your criminal record and you will still face the same level of punishment you would have prior to the time the -cite and release- policy took effect. Really, the only difference since the -cite and release- law took place lies in the fact that you won't immediately get taken to jail. Long story short-unlike many states in the U.S., minor illegal drug possession is not decriminalized in Texas.
Marijuana Possession Penalties in Texas The punishment for possession of marijuana will depend solely on the amount of the drug in possession. More than two ounces but less than four in possession could cost you as much as $4,000 and up to a year in county jail, not to mention the loss of your driver's license. More than four ounces but less than five pounds could land you in state jail for up to two years, cause you to lose your license and cost you as much as $10,000 in fines. Any amount of marijuana over a pound disqualifies the person in possession from any type of probation-only sentence.
Possession of Larger Amounts of Marijuana Should you be caught with any amount of marijuana over five pounds you will be considered a drug trafficker and the penalties will increase dramatically. From five to fifty pounds of marijuana found in a person's possession could bring up to ten years in a Texas state prison and fines of up to $10,000. Possession of more than fifty pounds but less than a ton carries a prison sentence of 2-20 years and the same $10,000 fine. The most serious level of marijuana possession in the state of Texas is for any amount over a ton resulting in life in prison and a $50,000 fine.
How is -Possession- Defined? The Texas Health and Safety Code defines possession as actual care, custody, control or management and that one simple word may give your attorney the ability to lessen the penalties for your possession charge. This is because it is not enough to say a person was in close proximity to an illegal substance, rather the state prosecutor must prove the accused actually took some level of action to control the drugs in question. In Texas, marijuana has its own category regarding drug possession; -possession- being defined as any Cannabis sativa plant, growing or not including seeds, a joint or a package which contains dried or shredded buds. Constructive possession law in Texas allows officers to charge a suspect with possession of marijuana if they find the drug in an area that could be controlled or reached by that person. This could include your car, home or the cushions of the couch you were sitting on. Even so, it falls to the state to prove the accused was in actual control of the marijuana.
How a Conviction for Possession of Marijuana Could Change Your Future Make no mistake, a drug conviction for possession of marijuana is a criminal conviction and aside from the fines, loss of driver's license and potential jail time you may suffer, there are many more consequences you will deal with for a very long time. The drug conviction on your criminal record could prohibit you from obtaining employment or even cause you to lose your present job. You will likely be unable to obtain federal funding to further your education and could be unable to rent a place to live. If you were working toward a professional license that dream may abruptly end and you may even find your vehicle impounded or seized. You may also suffer the social stigma of a drug conviction and find yourself being looked at quite differently by neighbors, co-workers, family, friends or even your fellow church members.
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