Despite marijuana's popularity here in the United States, it is not a legal substance. Marijuana is widely known as a "gateway" drug, meaning it is said to open the doors to experimenting with other drugs that can be potentially lethal. According to the Controlled Substance Act of 1970, marijuana (also known as cannabis, THC, dope, chronic, etc.) is classified as a Schedule 1 drug along with opium, LSD, heroin, and GHB (the "date rape" drug), to name a few. The Act categorized drugs into "schedules" by their addictive nature and whether or not they have medicinal uses. A Schedule 1 drug is considered to have a high potential for addiction and no medicinal uses. Throughout the years, the government has attempted to crack down on marijuana trafficking, production and sales in the US in an effort to control its growing popularity and usage. Hence, possession of marijuana is a serious offence.
There is a big difference between whether a possession arrest is made by a state or federal officer. The consequences if you are arrested or ticketed by a state officer will follow whatever that states laws are. Each state differs on its laws regarding possession. If a federal agent arrests you, then this most likely means that you are breaking the law on a much larger scale. Federal agents get involved in cases that are tied to serious criminal activity which may or may not include transporting and/or manufacturing marijuana.
State charges for possession of marijuana vary from a misdemeanor or felony to jail or prison time and court fines. The amount you were caught with and if you have a prior offence will affect the sentencing. Say you are in Texas, you have less than two ounces in your possession and you are a first time offender. You could be sentenced to serve jail time for up to 180 days and have to pay up to $2,000 in fines. If you had more than two ounces jail time increases to up to one year to and up to $4,000 in fees. The more you have in your possession at the time of the arrest, the steeper the consequences.
Possession on the federal level for a first offence could result in a misdemeanor that may include up to a year in prison and up to $1,000 in fees. The sentence will be more severe if this is not your first offence or your arrest is tied to other criminal activity and could escalate to a felony charge. Felonies can put you in prison from one to ten year and cost you up to $5,000 in fines. Not only will the charge go on your permanent criminal record, but it can also affect getting a job in the future, suspend or revoke your driving license, and will not allow you to get a travel visa or a government student loan.
A few states have actually decriminalized marijuana, meaning that if you are caught with a small amount, it is only considered a petty crime, or a minor infraction. A prior criminal record will affect this outcome. Is the decriminalization by some states a step in the direction of legalization? Some people argue that marijuana is wrongly classified by the government as a Schedule 1 drug.
Medicinal marijuana, or marijuana used for medical reasons has been in the media spotlight in the past few years. In some states, laws have been changed to say that IF you have an authorized prescription from a licensed doctor AND you live in a state which allows the use of medicinal marijuana for a valid medical ailment then you may legally purchase marijuana. For the rest of us the possession, use, manufacturing and transporting of marijuana is a crime that is punishable under the law.
Despite your personal beliefs on marijuana and its legalization, there are laws in place that classify it as a controlled substance. No matter what the circumstances, if you are arrested for possession of marijuana, contact your San Antonio federal criminal attorney. You need a knowledgeable and trustworthy criminal lawyer on your side that can help explain your rights and represent you in court.
There is a big difference between whether a possession arrest is made by a state or federal officer. The consequences if you are arrested or ticketed by a state officer will follow whatever that states laws are. Each state differs on its laws regarding possession. If a federal agent arrests you, then this most likely means that you are breaking the law on a much larger scale. Federal agents get involved in cases that are tied to serious criminal activity which may or may not include transporting and/or manufacturing marijuana.
State charges for possession of marijuana vary from a misdemeanor or felony to jail or prison time and court fines. The amount you were caught with and if you have a prior offence will affect the sentencing. Say you are in Texas, you have less than two ounces in your possession and you are a first time offender. You could be sentenced to serve jail time for up to 180 days and have to pay up to $2,000 in fines. If you had more than two ounces jail time increases to up to one year to and up to $4,000 in fees. The more you have in your possession at the time of the arrest, the steeper the consequences.
Possession on the federal level for a first offence could result in a misdemeanor that may include up to a year in prison and up to $1,000 in fees. The sentence will be more severe if this is not your first offence or your arrest is tied to other criminal activity and could escalate to a felony charge. Felonies can put you in prison from one to ten year and cost you up to $5,000 in fines. Not only will the charge go on your permanent criminal record, but it can also affect getting a job in the future, suspend or revoke your driving license, and will not allow you to get a travel visa or a government student loan.
A few states have actually decriminalized marijuana, meaning that if you are caught with a small amount, it is only considered a petty crime, or a minor infraction. A prior criminal record will affect this outcome. Is the decriminalization by some states a step in the direction of legalization? Some people argue that marijuana is wrongly classified by the government as a Schedule 1 drug.
Medicinal marijuana, or marijuana used for medical reasons has been in the media spotlight in the past few years. In some states, laws have been changed to say that IF you have an authorized prescription from a licensed doctor AND you live in a state which allows the use of medicinal marijuana for a valid medical ailment then you may legally purchase marijuana. For the rest of us the possession, use, manufacturing and transporting of marijuana is a crime that is punishable under the law.
Despite your personal beliefs on marijuana and its legalization, there are laws in place that classify it as a controlled substance. No matter what the circumstances, if you are arrested for possession of marijuana, contact your San Antonio federal criminal attorney. You need a knowledgeable and trustworthy criminal lawyer on your side that can help explain your rights and represent you in court.
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