Even though marijuana is highly popular here in the United States, it is illegal. Marijuana is thought to be a "gateway drug", meaning that it opens the doors to trying or having access to other potentially lethal drugs. In 1970, under the Controlled Substance Act, marijuana (aka cannabis, THC, dope, chronic, etc.) was categorized as a Schedule 1 drug along LSD, opium, heroin, and GHB (the "date rape" drug) among others. What the Act did was group particular drugs into "schedules" by whether they are considered to be addictive and/or if they have medicinal uses. Schedule 1 drugs are considered to be addictive and have no medical use. Over the years the United States government has made a huge push to inhibit marijuana transporting, growth and sales in an effort to stifle its popularity and use. This is why the consequences for possession of marijuana are harsh.
Whether you were arrested by a state officer or a federal officer is a big distinction. If a state police officer arrests or tickets you then your consequence will follow whatever that particular states laws regarding marijuana possession are. Each state has different laws when it comes to possession. If you are arrested by a federal agent, then chances are you are violating the law in a much grander scale. Federal agents don't just show up at your door unless they have reason to believe that you are involved with transporting or manufacturing of marijuana and/or have ties to much more serious illegal activities.
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.
On the Federal level, possession for a first offence can be a misdemeanor that may give you up to one year in prison and up to $1,000 in fines. If you have a prior offence on your record or your arrest is linked to other criminal activity, then the verdict will be much more severe and you will be facing felony charges that will go on your permanent criminal record. A felony sentence can land you in prison from one to ten years and cost you up to $5,000 in fines and the repercussions do not stop there. A felony can affect getting a job, your driver's license may be suspended or revoked, you will not be able to apply for a travel visa and you will not be to apply for a government granted 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.
In the past few years medicinal marijuana, or marijuana used for medical purposes has gotten a lot of press. A few states laws allow the use of medicinal marijuana to those who have valid medical ailment and have a legitimate prescription from a licensed doctor to legally purchase the drug. For all of the rest of us using, growing, possessing and transporting of marijuana are a serious crime that is punishable under the law.
Regardless of your personal stance on marijuana and its legalization, there are laws in place that define it as a controlled substance. If you are arrested for possession of marijuana, no matter what the circumstances, contact your San Antonio federal criminal lawyer. You need an experienced criminal attorney on your side that can help explain your rights and represent you in court.
Whether you were arrested by a state officer or a federal officer is a big distinction. If a state police officer arrests or tickets you then your consequence will follow whatever that particular states laws regarding marijuana possession are. Each state has different laws when it comes to possession. If you are arrested by a federal agent, then chances are you are violating the law in a much grander scale. Federal agents don't just show up at your door unless they have reason to believe that you are involved with transporting or manufacturing of marijuana and/or have ties to much more serious illegal activities.
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.
On the Federal level, possession for a first offence can be a misdemeanor that may give you up to one year in prison and up to $1,000 in fines. If you have a prior offence on your record or your arrest is linked to other criminal activity, then the verdict will be much more severe and you will be facing felony charges that will go on your permanent criminal record. A felony sentence can land you in prison from one to ten years and cost you up to $5,000 in fines and the repercussions do not stop there. A felony can affect getting a job, your driver's license may be suspended or revoked, you will not be able to apply for a travel visa and you will not be to apply for a government granted 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.
In the past few years medicinal marijuana, or marijuana used for medical purposes has gotten a lot of press. A few states laws allow the use of medicinal marijuana to those who have valid medical ailment and have a legitimate prescription from a licensed doctor to legally purchase the drug. For all of the rest of us using, growing, possessing and transporting of marijuana are a serious crime that is punishable under the law.
Regardless of your personal stance on marijuana and its legalization, there are laws in place that define it as a controlled substance. If you are arrested for possession of marijuana, no matter what the circumstances, contact your San Antonio federal criminal lawyer. You need an experienced criminal attorney on your side that can help explain your rights and represent you in court.
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Want to find out more about Criminal Defense Law, then visit Shawn Brown's site at www.shawnbrownlaw.com and learn about a possession of marijuana charge and how he can help.
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