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Charged with Possession of a Controlled Substance? Protect Your Future with the Help of Houston Drug Lawyer Charles Johnson

Hire the Best Drug AttorneyCharges of Possession of a Controlled Substance (POCS) in the Houston area are quite common. Often times the controlled substance charge results after someone has already been arrested. For example, someone is arrested for DWI, public intoxication or an outstanding warrant and the controlled substance is found after arrest or during the process of being booked in to the Harris County Jail. Whether it’s a loose Vicodin pill in your purse or a Xanax pill that your friend gave you, drug charges can be filed.

Conviction for possession of controlled substances can leave you with a large fine, loss of property, or a jail sentence. Conviction for this offense will go down on your record and can affect your chances of getting a job, renting an apartment or home, or hinder your chances of getting an education loan.

If you or someone you love has been arrested and charged for possession of a controlled substance in the Houston area or anywhere in Texas, contact Houston Drug Defense Lawyer Charles Johnson today to get the experienced criminal defense you need and deserve. The Charles Johnson Law Firm has offices located in Houston, Dallas, Austin and San Antonio for your convenience. Attorney Johnson will speak to you whenever you need him. He can be reached directly at (713) 222-7577 24 hours/day, any day of the year.

Possession of a Controlled Substance in Texas

Under Texas Health and Safety Code §§ 481.115 – 481.118, an individual can be charged with the offense of possession of a controlled substance (POCS) if they knowingly or intentionally possess any of the substances listed in Penalty Group I-IV without  a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances. Penalties for possession of controlled substances differ based on the type of drug and the quantity you are carrying.  The penalties for possessing any of the above drugs range from 180 days to 99 years in jail. Your license can also be suspended for six months if you are convicted of violating the Texas Controlled Substance Act, and police have the right to seize any property, such as your car or home, that was used or was going to be used in the commission of drugs.

Charges of Possession of a Controlled Substance

It is an offense under both state and federal law to be in possession of any controlled substance and this is the most common charge filed involving drugs.  Possession is defined as the actual care, custody, control or management.  Actual possession refers to actual physical possession of a controlled substance while constructive possession usually is alleged when the controlled substance was found in an area where the person had access to or otherwise exercised control over (such as the trunk of a car or a safe).  This means that while a person can be charged with possession of a controlled substance even if the controlled substance was not actually found on the person, the charges can be challenged on the basis that the person did not exercise care, custody or control over the substance.  The focus in those cases is on whether the government can prove the person had “affirmative links” to the controlled substance.  Experienced Drug Attorney Charles Johnson has successfully challenged a client’s accusation of possession of controlled substance by making the case that there were no “affirmative links” to his client and the controlled substance.

Delivery of a Controlled Substance

It is an offense under both state and federal law to deliver or to have an intent to deliver a controlled substance.  “Deliver” means to transfer, actually or constructively, to another person and includes offering to sell a controlled substance as well.  Therefore, money does not have to actually be exchanged, and the “middleman” who helped arrange the transaction can also be prosecuted under this theory.  Under federal law, the most commonly charged delivery offense is possession of a controlled substance with the intent to deliver.  Under that type of charge, the government does not have to prove that you actually delivered the substance, but only that you had an intent to do so.  Most often, the government will attempt to this intent based on the large quantity of drugs found, or the possession of other indicators including scales, baggies, or cutting agents.

Manufacturing of a Controlled Substance

It is an offense under both state and federal law to manufacture a controlled substance.  Manufacturing refers to the production or creation of drugs and is most commonly prosecuted in cases involving marijuana grow operations or meth labs.  It is also a crime to possess certain drug precursors with the intent to manufacture and pharmacies now vigilantly monitor the sales of commonly used precursors such as certain cold medicines, matches, and lighter fluid.

Conspiracy to Possess with the Intent to Distribute a Controlled Substance

One of the most frequently charged drug offenses in federal court is conspiracy to possess with the intent to distribute a controlled substance, which involves actively planning with others to possess or distribute a controlled substance, regardless of actual possession or delivery.  This is typically the most serious type of drug accusation and usually involves multiple defendants and large quantities of drugs and can be extremely serious and complicated.

Possession of Methamphetamine

Due to the skyrocketing methamphetamine problem, the penalties for possession, delivery and manufacturing of methamphetamine have become extremely severe.  In addition, in Texas, depending on the quantity, there is a 15-20 mandatory minimum sentence if a child younger than 18 years of age was present on when the manufacturing of a controlled substance offense occurred.  In an effort to combat methamphetamine production, many counties in Texas have implemented “Meth Watch” programs which record and monitor over-the-counter cold medicines, prescription drugs, and household ingredients which are used to manufacture methamphetamine.

Possession of Cocaine

It is an offense to possess or distribute even the smallest amount of cocaine.  For example, even if there is a trace amount of cocaine found in a baggie, you can still be charged with possession of a cocaine which is a felony.  In the federal system, the penalties for cocaine base (crack cocaine) are notoriously severe.  In fact, the sentences for possession of cocaine base were so severe, especially in comparison with possession of an equal amount of powder cocaine, that the United States Sentencing Commission recently amended the Federal Sentencing Guidelines to slightly reduce the penalties for crack cocaine offenses.

Possession of Marijuana

It is an offense to possess, distribute or cultivate marijuana.  Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.  Under state law, possession of less than four ounces is a misdemeanor; however, you must have possessed a “usable quantity” to be charged with possession of marijuana.

Possession of Illegal Prescription Medications

It is an offense under both state and federal law to possess a prescription drug if you are not the valid prescription holder or to deliver a validly issued prescription drug to another person.  It is also a crime to forge or alter a prescription.  Prescription drug cases are prosecuted as aggressively as controlled substance cases and the penalties can be just as serious.

Possession of Paraphernalia

Under Texas law, it is a crime to possess or deliver drug paraphernalia.  Depending on the circumstances, what constitutes drug paraphernalia is very broad and can include pipes, lighters, plastic baggies and rolling papers if the government can show that there was an intent to use the items to use drugs.  In addition, it is also a crime to possess any items with the intent that they be used to cultivate a controlled substance which could include gardening equipment and fertilizers.

Penalties and Punishment for Possession of Controlled Substance in Texas

The penalty for Possession of a Controlled Substance is set out in the Texas Health and Safety Code, which vary upon various factors that generally include the type of the controlled substance and the amount of the controlled substance. The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under:

Penalty Group

Examples of Drug/Controlled Substance

1

Cocaine, Heroin, Methamphetamine, Codeine, Oxycodone, Hydrocodone, Rohypnol and GHB

1A

LSD

2

Ecstasy, Amphetamines, Mushrooms, PCP and Mescaline

3

Valium, Xanax and Ritalin

4

Compounds containing Dionine, Motofen, Buprenorphone or Pryovalerone

Penalty Group 1

Weight

Charge

Range of Punishment

Less than one gram

State jail Felony

180 days to 2 years in state jail and a fine not to exceed $10,000

1 gram or more, but less than 4 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

4 grams or more, but less than 200 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

200 grams or more, but less than 400 grams

First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

10 to 99 years or life in a state prison and a fine up to $100,000

Penalty Group 1A

Units

Charge

Range of Punishment

Fewer than 20 units

State jail Felony

180 days to 2 years in state jail and a fine not to exceed $10,000

20 units or more, but less than 80 units

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

80 units or more, but less than 4,000 units

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

4,000 units or more, but less than 8,000 units

First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $10,000

8,000 units or more

Enhanced First-degree Felony

15 to 99 years or life in a state prison and a fine up to $250,000

Penalty Group 2

Weight

Charge

Range of Punishment

Less than one gram

State jail Felony

180 days to 2 years in state jail and a fine not to exceed $10,000

More than 1 gram, but less than 4 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

More than 4 grams, but less 400 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $50,000

Penalty Group 3

Weight

Charge

Range of Punishment

Less than 28 grams

Class A Misdemeanor

Up to 1 year in county jail and a fine not to exceed $4,000

28 grams or more, but less than 200 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

200 grams or more, but less than 400 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $50,000

Penalty Group 4

Weight

Charge

Range of Punishment

Less than 28 grams

Class B Misdemeanor

Up to 180 days in county jail and a fine not to exceed $2,000

28 grams or more, but less than 200 grams

Third-degree Felony

2 to 10 years in a state prison and a fine not to exceed $10,000

200 grams or more, but less than 400 grams

Second-degree Felony

2 to 20 years in a state prison and a fine not to exceed $10,000

400 grams or more

Enhanced First-degree Felony

5 to 99 years or life in a state prison and a fine not to exceed $50,000

Additional penalties may include the suspension of your driver’s license or the possibility or seizure and forfeiture of any property if the property was used or was going to be used in the commission of a drug crime.

Possible Defenses for Possession of Controlled Substance Charges

There are many ways to defend a possession of a controlled substance charge. One of the primary defenses to possession of controlled substance cases is to examine the search and seizure process. The fourth Amendment protects citizens from unlawful searches of property. Was there probable cause? Did the officials read you your rights? In some cases the drugs aren’t illegal and the person had a prescription and right to possess them. The element of possession is crucial in a possession of a controlled substance case.

It must be proven that you actually exercised a great degree of care, custody, control or management of the drug. Since many drug arrests in Texas involve finding drugs in a home or car it can be unclear who actually possessed or controlled the drugs. The individual must have full knowledge of possession — if they are unaware, then no crime has been committed. This could happen when an individual borrows a friend’s car only to be pulled over and charged with possession when marijuana is found in the glove box.

Keeping the above items in mind, according to Texas law the offense of drug possession occurs when a person has knowledge that they have a controlled substance within their control and have the intent to possess that substance.

If you have been charged with possession of a controlled substance, contact Houston Drug Lawyer Charles Johnson immediately. In many cases, he can get your case dismissed or reduced and avoid having a felony conviction on your record.

Attorney Johnson can examine and review the circumstance surrounding your possession arrest and develop a defense that is unique to the circumstances surrounding your case.

The Charles Johnson Law Firm combines the experience of a criminal defense attorney with a seasoned support staff and professional investigators. Investigations start immediately by securing documentation involving witness statements and police reports. Police labs are put on notice to verify the alleged illegal substance and its true quantity.

After the facts are assembled, we will pursue the best outcome by negotiating a reduced punishment or pursue a trial in court. Options also exist that encompass counseling and rehabilitation programs for addiction problems.

Possession of a Controlled Substance: Hire the Best Houston Drug Lawyer

Possession of marijuana is in a separate drug offense category in Texas but is still extremely serious with the potential of being charged as a felony or misdemeanor, depending on the amount possessed. All charges in Texas for drug possession are quite serious. This is not the time to hide your head in the sand and hope for the best — you need an aggressive attorney who will fight hard to get your charges dismissed or possibly reduced. A drug conviction on your record will follow you for the rest of your life, so take it very seriously and hire an attorney who does the same.

Contact Experienced Houston Drug Defense Lawyer Charles Johnson if you have been arrested for possession of a controlled substance. An arrest for possession of controlled substance in Texas can have devastating consequences and severe repercussions that can in all probability be avoided if you select the right lawyer. Call Attorney Johnson anytime day or night at (713) 222-7577. He is available to discuss your case whenever you need him.

Possession of a Controlled Substance

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Marijuana Cultivation Charges: The Best Houston Criminal Lawyer To Represent You

Best Houston Criminal Lawyer: Marijuana CultivationHave you been accused of operating a marijuana grow house? Grow houses have been popping up all over Texas and all over the nation. As a result, law enforcement has intensified investigations. They are reviewing electrical usage and water usage to determine if excessive amounts are being used — creating suspicion that the manufacture/cultivation of marijuana is being carried out on the premises. If you are under investigation or have been arrested and are facing drug manufacturing charges, you need experienced legal counsel on your side. Houston Criminal Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas, with offices in Houston, Austin, Dallas and San Antonio.

At the Charles Johnson Law Firm, we take marijuana charges seriously. We provide aggressive manufacture/cultivation defense representation to each client. Contact Attorney Johnson directly at (713) 222-7577 anytime night or day to discuss your case with an experienced criminal defense attorney.

Marijuana Cultivation: Defense Lawyers You Can Trust

Our law firm provides exceptional defense representation. We have earned a reputation for our diligence and our commitment to our clients. Clients have come to respect and trust us when they are in need and their future is at stake. We know the law and how to effectively defend our clients.

When clients have been charged with marijuana cultivation or other drug manufacturing, we analyze every aspect of the case.

  • How did law enforcement become aware of the use of grow lights?
  • Was reviewing the occupant’s electrical bills legal?
  • Was a valid search warrant obtained before entering the home?
  • Did someone else have access to the home?
  • Was the home actually owned by someone else?

In marijuana cultivation cases, penalties are based on quantity. Therefore, if you have possession of a significant amount of plants in your home or an amount of marijuana of substantial weight, you may face a mandatory minimum sentence. Experienced defense counsel is paramount to the success of your case.

We use our knowledge of the law to our client’s benefit. If required procedure was not followed or our clients’ rights were violated, we petition to have evidence suppressed from the record — weakening or destroying the case against you. If you have been arrested for marijuana cultivation, trust the Best Houston Drug Lawyer Charles Johnson to provide the zealous defense representation you need. You can contact Attorney Johnson directly anytime night or day at (713) 222-7577.

About Marijuana Cultivation in Texas

In Texas, it is against the law to possess, distribute, or grow marijuana. The charges for these crimes are serious and the penalties include jail time, probation, prison, and expensive fines. In addition to these consequences, your driver’s license will be suspended even if you are not driving a vehicle at the time of your arrest.

Texas marijuana cultivation laws make it illegal for you to grow and possess certain plants or other organic materials that are used to produce marijuana. This means that if you are found with cannabis seeds, grow lighting systems, or marijuana plants, you will be charged with marijuana cultivation.

Large-scale federal marijuana cultivation charges are serious and carry severe consequences. As a federal offense, your case would be handled in the federal court system, which places strict sentencing guidelines on convictions. It is important that you retain a lawyer who has experience trying cases at the federal level. I can evaluate your case from every angle to determine the best course of action.

Marijuana is derived from the hemp plant called Cannabis sativa, which can be found growing naturally in many parts of the world. Though it may be commonly known as a hallucinogenic drug, the hemp or marijuana plant can be used in many other ways to produce paper, hemp oil, food and clothes. Owning items that are made of hemp is not illegal; however, growing or cultivating a marijuana plant in Texas is punishable as a criminal offense.

Marijuana remains readily available and is considered the most widely used illegal drug throughout the State of Texas. Marijuana in this area is primarily imported from the Texas/Mexico border via privately owned vehicles (POV) and commercial trucks. Large quantities of marijuana are routinely seized by all levels of law enforcement during highway interdiction stops in the North Texas area. In recent years, increased enforcement activity has lead to the seizure of several significant indoor marijuana cultivation operations in North Texas. These operations range in size from 100 to over 1100 plants and have produced marijuana with THC levels as high as 15%. Mexican marijuana is the most predominantly trafficked drug in the Houston Division. It is not uncommon for the US Border Patrol to make multi-hundred pound marijuana seizures from “back packers” at points along the Rio Grande River, and from vehicles at the US Border Patrol secondary checkpoints in Texas. At the Ports of Entry, ton quantity seizures of marijuana are often made from commercial trucking attempting to enter the United States.

Outdoor Operations

Seasonal marijuana growing operations may be conducted on lands of all ownership. Some individuals elect to grow their illegal crops on publicly owned lands where isolation and limited public access lessen the likelihood of accidental detection. Certain things may be indicators of an outdoor growing operation. Some of these are:

  • An unusually large purchase of fertilizer,
  • garden hoses, PVC pipe, and
  • camouflage netting.
  • Excessive security measures out of place
  • in remote forested areas.
  • An unusual structure or out-of-place
  • items in remote forested areas, such as
  • buckets, garden tools, hoses, PVC pipe,
    and fertilizer bags.

Indoor Operations

Many individuals choose to cultivate marijuana indoors in order to have total control of the environment. These operations may divert power from power companies to circumvent payment of high bills and attempt to avoid detection. This only raises the cost of power for law-abiding citizens.

Certain things may be indicators of an indoor growing operation. Some of these are:

  • Covered or blackened-out windows.
  • Loud humming sounds (from fans or ballasts).
  • An unusually strong musty odor.
  • Unusually large amounts of potting soil, containers, fertilizer, hoses, halide light system, and ballasts.
  • Excessive security measures and use of guard dogs.

Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Texas, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Texas Stat. and Code Ann. § 481.002.)

Marijuana Possession

It is a crime to possess marijuana in Texas. Penalties vary according to the amount possessed, with increased penalties for offenses in a drug free school zone. (Texas Stat. and Code Ann. § 481.121.)

Two ounces or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.

More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.

Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.

Marijuana Cultivation and Sales

It is illegal to cultivate or sell marijuana (or possess marijuana with the intent to do so) in Texas. Penalties vary according to the amount cultivated or sold, with increased penalties for sales to a minor or within a drug free school zone. (Texas Stat. and Code Ann. § 481.120.)

Gift of one fourth of an ounce or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.

Selling one fourth of an ounce or less. Penalties include a fine of up to $4,000, up to one year in jail, or both.

More than one fourth of an ounce, and up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between five and 99 years in prison, or both.

More than 2,000 pounds. Penalties include a fine of up to $50,000, at least ten (and up to 99) years in prison, or both.

Drug Paraphernalia

It is illegal in Texas to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties for possession include a fine of up to $500, but no jail time. Selling paraphernalia may be punished with a fine of up to $4,000, up to one year in jail, or both. (Texas Stat. and Code Ann. § 481.125.)

Stamp Tax

A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Texas, those who buy, transport, or import marijuana into Texas are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (Texas Stat. and Code Ann. § 159.101A.)

Challenging the Prosecution’s Case – Why You Shouldn’t Give Up Hope

Marijuana cultivation cases often depend on informants. People who have been arrested on drug and related criminal charges may agree to provide police with information in exchange for a reduced sentence. As a result, someone may give your name to the police when in reality you have little, if anything, to do with the cultivation of marijuana. Houston Drug Lawyer Charles Johnson will investigate the background of informants and their relationship to the police in order to expose leads and information ignored by law enforcement in building their case against you.

Facing Possession Charges

Often marijuana possession charges result from police contacts while in your car. Typically, officers will ask the driver if they can search their car. In many cases, drivers agree to a search thinking officers have a right to inspect their car. However, an officer must first have reasonable suspicion that a law has been broken to pull you over. Second, in order to search your car, one of the following must apply: You must give voluntary, informed consent to the officer; the officer must see something in plain sight that gives them probable cause to conduct a search; or the search must be incident to a lawful arrest. Attorney Johnson will review the evidence, dashboard camera footage and the actions of arresting officers to determine if your rights were violated.

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse. As you can see, the penalties for marijuana cultivation in Texas are life changing. Not only is your freedom at stake, your bank account can be cleaned out and you will lose your driving privileges. You need an experienced drug-offense attorney on your side at a critical time like this.

Houston Drug Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas. Due to his dedication to fighting drug charges, he is familiar with the most effective defense strategies to defend you. If you’ve been arrested on marijuana cultivation charges in Houston or anywhere in Texas, it’s in your best interest to speak with an experienced drug cultivation defense lawyer who can inform you of your legal rights and provide you with the aggressive defense you need against your charges.

When you come to our firm, you can rest assured that a knowledgeable and well-practiced Texas marijuana cultivation defense attorney will thoroughly look into your charges to determine if the police violated your constitutional rights, or conducted an unlawful search and seizure. If we find any evidence that may indicate the police violated the law, we will make it known to the judge immediately, and motion to have the charges dropped.

To learn more about our defense services, please contact Houston Marijuana Cultivation Lawyer Charles Johnson anytime night or day at (713) 222-7577 to speak with him directly.


Marijuana Cultivation Charges: The Best Houston Criminal Lawyer To Represent You

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Arrested for Marijuana Possession or Sales? The Best Houston Lawyer

Finest Houston Criminal Defense Attorney

The Charles Johnson Law Firm is one of the foremost criminal defense law firms in Houston in defending people from drug convictions, including the possession and sale of marijuana. Our unique strategy gives our clients the best opportunity to avoid criminal penalties, and our criminal defense law firm’s familiarity with drug laws, both felonies and misdemeanors, is unrivaled. We provide each client a high-quality legal defense that is superior. Houston Criminal Lawyer Charles Johnson can defend against any criminal drug charge in both federal and state courts, and our firm’s track record of success continues to grow.

Hire the Best Houston Drug Crimes Defense Lawyer: The Charles Johnson Law Firm

Criminal Marijuana Penalties

Marijuana possession and sale charges can be either misdemeanors or felonies, but both carry serious penalties. Jail time, heavy fines, probation, mandatory rehab programs and more are all possible penalties for drug charges. Attorney Johnson’s finely tuned defense techniques have evolved from years of experience, and he brings that knowledge and experience to those facing marijuana-related criminal charges.

Marijuana Possession

Of all the marijuana laws in Texas, possession of marijuana may be the most unfair. It punishes otherwise responsible citizens merely for keeping some pot for personal use and who have no intention of ever doing anything hurtful with it or profiting from it. Nonetheless, it is an offense to possess, distribute or cultivate marijuana in Texas. Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.

The prosecution may argue that you’re “in possession” of marijuana in Houston, TX, if you’re found smoking marijuana or if you knowingly “exercised control” over the marijuana. Therefore, the location of the marijuana is very important:

  • If the marijuana is found on your person, in your car, in or around your home, in a storage unit belonging to you, or in any other place that you have some authority over, the prosecution will argue that you were in possession of the marijuana since you had some control over the location.
  • Furthermore, if marijuana is found in your system during a drug test or you were caught driving under the influence of marijuana in Texas, the prosecution may try to use that to prove you’ve been in possession of marijuana since you presumably “exercise control” over your body.

Marijuana Possession Penalties in Texas

  • Two ounces or less include a fine up to $2,000, up to 180 days in jail or both
  • More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.
  • Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
  • More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.
  • More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
  • More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.

Sale of Marijuana

Various states have different marijuana laws, and Texas is no different. Texas treats marijuana sales as a much more serious crime than possession, which is reflected in the penalties. The sale of any amount of marijuana can lead to prison time, even for small amounts.

Sale of Marijuana Penalties in Texas

  • 1/4 oz – 5 lbs: 6 months – 2 years, $10,000 fine
  • 5 lbs – 50 lbs: 2 – 20 years, $10,000 fine
  • 50 lbs – 1 ton: 5 – 99 years, $10,000 fine
  • 1 ton or more: Mandatory minimum of 10 – 99 years, with a $100,000 fine

These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 – 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).

The Houston Lawyer Charles Johnson understands the unique nature of Texas marijuana laws, and can provide a skilled defense. His unparalleled knowledge of state and federal drug laws gives him a unique ability to provide excellent legal services for you and your loved ones. If you are in need of criminal defense legal representation in the Houston area, contact Attorney Johnson anytime day or night at (713) 222-7577 to discuss your situation.

What Is Marijuana?

Cannabis sativa: There are two species of Cannabis. One species is Cannabis sativa, originally cultivated to make hemp. The stalks of the plant contain fibers that are woven to make rope, cloth, and paper. The other species is Cannabis indica, known for its psychoactive properties. Hashish is derived from Cannabis indica. In Africa, cannabis is know as “dagga,” in China as “ma,” and in India as “ganga” or “bhang”. Marijuana is the Mexican colloquial name for Cannabis sativa. Marijuana is a greenish-gray mixture of dried, shredded leaves, stems, seeds, and flowers of the hemp plant.

THC is the main psychoactive ingredient in marijuana. THC or delta-9-tetrahydrocannabinol is found in the plant’s resin. The amount of THC determines the potency of the marijuana. The resin is mostly concentrated in the flowers of the plant. Because of various cultivation techniques the amount of THC varies considerably in the flowers of individual plants.

Other Chemicals: Marijuana is a complex drug and is made up of 420 chemical components. Sixty-one of these chemicals are called cannabinoids and are unique to marijuana. Many scientific studies focus on the primary psychoactive chemical, THC but don’t know how these other cannabinoids affect the various organs, brain, and behavior.

Grades of Marijuana

  • Low-grade marijuana is made from leaves of both sexes of the plant.
  • Medium-grade marijuana is made of the flowering tops of female plants fertilized by male plants.
  • High-grade marijuana is made of the flowering tops of female plants raised in isolation to male plants. This marijuana is called sinsemilla because it does not produce a seed.
  • Hashish is produced when resin is collected from the Cannabis indica plant. The THC-rich resin is dried and then compressed into a variety of forms, such as balls, cakes, or cookie-like sheets. Pieces are then broken off, placed in pipes, and smoked or rolled into a cigarette along with tobacco or low-grade marijuana. The Middle East, North Africa, Pakistan, and Afghanistan are the main sources of hashish. THC content of hashish can vary from 8% to 20%.

What are the Physical Effects of Marijuana usage?

When marijuana is smoked, the affects are felt in minutes. The high usually peaks within a couple of hours. Marijuana affects users differently. The “high” can include a feeling of relaxation, improved sense perception, and emotional well-being. Music and visual images may seem more vibrant and intense. Time seems to slow down. Some people experience physical hunger and a range of emotion from laughter to introspection. Marijuana does not always produce pleasant feelings and may cause paranoia and hallucinations. Emergency room visits have increased because some people feel anxious or fearful after smoking high-grade marijuana. Whether the marijuana is smoked or eaten, THC can remain in the body for days. About half the THC is in the blood 20 hours after smoking. Although the initial high has disappeared, physical and mental functions may be affected for days.

The physical effects of marijuana depend on many individual factors such as personal health, the time of day that marijuana is used, the problems it causes, and how well a person is able to control his or her use. Research studies have shown that one of the primary concerns for those who use marijuana is cardiovascular damage. Marijuana causes damage to lungs that is similar to that caused by cigarettes. For people who inhale deeply or hold the smoke in their lungs longer, the risk can be greater. One study that compared cigarette and marijuana smokers found that marijuana smokers absorbed five times the amount of carbon monoxide, and had five times the tar in their lungs, as compared to cigarette smokers. For those who smoke both marijuana and cigarettes, the damage can be exponentially greater than that caused by marijuana or cigarettes alone.

Research shows that people who use marijuana more than one time during the day tend to have more social and physical problems than those who only use in the evenings. Those who use at multiple times may also be more likely to be smoking to avoid problems they feel unable to confront. A person who uses marijuana in addition to alcohol or other drugs can be at additional risk. The effects of some drugs become exponentially greater when taken together. In addition, the physical tolerance that one drug produces can sometimes affect another drug, and lead to dependence on multiple substances.

Is Marijuana Addictive?

While marijuana is not in the same addictive league as cocaine, heroin, and even alcohol, recent studies raise the possibility that THC affects the level of dopamine in the brain. Dopamine is a chemical in the brain that affects the pleasure circuits. Many addictive drugs cause the release of dopamine from the neurons. One report by the National Institute of Drug Abuse states that long-term marijuana use can lead to addiction for some people. This report concludes that along with craving, withdrawal symptoms can make it hard for long-term marijuana smokers to stop using the drug. People trying to quit report irritability, difficulty sleeping, and anxiety.

Drug Paraphernalia

Texas does not prosecute possession of drugs only. In fact, Texas will prosecute a person for possession of drug paraphernalia. Thus, it is a separate criminal charge classified as a Class C Misdemeanor and typically carries a penalty of $500. Normally, if one is charged with a possession of controlled substance, then a possession of drug paraphernalia will be charged against the person, as well.

Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”

Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine. Drug paraphernalia generally falls into two categories:

User-specific products

User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.

Dealer-specific products

Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.

With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see the appearance of “head shops,” which were stores that sold a wide range of drug paraphernalia. While some of the paraphernalia was crude and home-made, much was being commercially manufactured to cater to a fast-growing market. Enterprising individuals even sold items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended such blatant sales. Today, law enforcement faces another challenge. With the advent of the Internet, criminals have greatly expanded their illicit sales to a worldwide market for drug paraphernalia. For example, in a recent law enforcement effort, Operation Pipedreams, the 18 companies targeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually. Typically, such illicit businesses operate retail stores as well as websites posing as retailers of legitimate tobacco accessories when in reality the products are intended for the illegal drug trade.

Identifying drug paraphernalia can be challenging because products often are marketed as though they were designed for legitimate purposes. Marijuana pipes and bongs, for example, frequently carry a misleading disclaimer indicating that they are intended to be used only with tobacco products. Recognizing drug paraphernalia often involves considering other factors such as the manner in which items are displayed for sale, descriptive materials or instructions accompanying the items, and the type of business selling the items.

Marijuana-Related Crimes

The Charles Johnson Law Firm is experienced in marijuana-related matters involving:

Contact the Best Houston Marijuana Possession Lawyer: The Charles Johnson Law Firm

Before someone can be convicted of marijuana possession in Houston, the state must prove that the accused actually had possession or took action to control the drug. Drug possession cases are complicated and depend the police’s adherence to strict guidelines concerning search and seizure of the drug.

As you could be facing fines, probation, drug classes, community service, and jail, it is crucial that you speak with an experienced Houston criminal attorney if you have been accused of this crime. Our team at the Charles Johnson Law Firm is well-equipped to handle any type of drug crime, including those involving possession of marijuana and/or drug paraphernalia. We understand that mistakes can happen and not everyone who has been accused of a crime is guilty. No matter how serious you may believe your case to be, contact The Houston Lawyer Charles Johnson directly by calling (713) 222-7577 anytime, day or night to discuss your case.

Arrested for Marijuana Possession or Sales? The Best Houston Lawyer
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Arrested for Marijuana Possession or Sales?  Choose the Right Houston Marijuana Lawyer For Your Case

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Houston Criminal Defense Attorney » Facing A Marijuana Case? This Is Your Most Efficient Plan Of Action.

Best Houston Drug Crimes Lawyer

Marijuana is regarded as the frequently abused unlawful drug in the United States. Marijuana is defined 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 among the most common drug criminal offenses in the United States. Considered 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 greater than 2 oz, but less eight oz. Criminal possession of marijuana is also a misdemeanor but the repercussions increase as does the probability of jail time.

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

Marijuana is usually consumed in its organic state, the plant by itself utilized 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 fights 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, including a significant change in the marijuana possession laws.

Marijuana production’s principal supply is Mexico. Virtually all foreign-produced marijuana available within the United States is smuggled into the country from Mexico over the Mexico border by criminal groups. Mexican criminal groups control nearly all 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 deemed finer quality 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. In addition, in an effort to remain competitive in the higher potency marijuana distribution trade, Asian groups have started operating indoor grow sites in homes throughout the Pacific Northwest and California. The trend is to buy or lease a residence, modify the residence for the purpose of producing two to four crops of cannabis and abandoning the property after the crops are harvested.

Challenges to current marijuana production and distribution laws are ongoing, with quite a few states decriminalizing certain marijuana usage for specific medical ailments. Nonetheless , in United States v. Oakland Cannabis Club, the United States Supreme Court ruled that marijuana doesn’t 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 ruling which 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 doubtless 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, normally revolve around the misuse of police 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 Attorney: Hire the Most Dedicated Houston Lawyer Charles Johnson

Texas courts take marijuana possession criminal charges seriously, and so should you. Multiple convictions of marijuana possession can bring about felony charges. Hence, you want to battle every arrest you confront , not just right away , but to safeguard your legal rights in the future as well. Considering that possession criminal charges might very easily bring about growing and cultivation charges, you want a lawyer who can lower virtually all potential damages.

The Most Respected Houston Lawyer will defend your legal rights and fight for you against marijuana possession criminal charges.

The seriousness of the criminal charges you confront is dependent on the quantity of marijuana. Should you are caught with under 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 defined 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 charges completely dismissed. If dismissal or an acquittal at trial isn’t really potential, we are going to seek to lessen the charges or reduce the penalties where possible.

For first-time offenders, the Most Effective Houston Attorney 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 virtually all potential alternative sentencing techniques.

Juvenile Marijuana Possession

Marijuana has a unique smell, and so it is dangerous for minors to smoke it anywhere: in a car, at home, or in a dorm room. Authorities can certainly smell it and another infraction might bring about significant repercussions, including the loss of student loans. Houston Criminal Attorney Charles Johnson will handle juvenile crimes involving marijuana possession as well as criminal court cases.

If you or a family member have been arrested for marijuana possession, you want an expert attorney who is prepared to stand up for your protection under the law right right now. Contact Houston Attorney Johnson immediately for a free of charge initial consultation.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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