It appears there will be no reforms to the Texas marijuana laws until
at least 2013. Although Texas has a reputation as a state which values
human freedoms and restrained government, lawmakers in Texas persist in
their unwillingness to take those principles into account regarding
reform for current marijuana laws. In 2011 the Lone Star State said “no”
to proposed legislation regarding medical marijuana, and recent House
Bill 548 which would have decreased the punishment for possession of
less than one ounce of marijuana was also not even granted the courtesy
of a hearing. HB 548 would have lessened possession penalties for one
ounce or less of marijuana from 180 days in county jail and a $2,000
fine to only a fine of $500.
House Bill, number 1491 which would have allowed patients who were found with small amounts of marijuana—based on a doctor’s recommendation—a defense against prosecution was similarly ignored. A staggering 97% of all arrests made in Texas during 2007 were for possession of marijuana. This means that nearly 70,000 people were arrested for possession of a substance which many consider to be even less harmful than alcohol. The penalties for drug convictions in Texas are among the toughest in the United States, garnering it a spot among the “Five Worst States to Get Busted with Pot,” on a list put out by NORML, a group which advocates for legalization of the drug.
Texas Stance on Possession of Marijuana Despite the attempted introduction of House Bills which would reform marijuana laws, it is likely the Texas government will remain firm in their punishments for those charged with drug possession. Should you be caught with even one joint in the state of Texas you could find yourself charged with a class B misdemeanor (a criminal charge) which could cost you as much as $2,000 in fines and as much as six months in the county jail. Additionally you could find yourself with no driver’s license for an extended period of time. If you have no priors and the judge is feeling lenient, at a minimum you will be sentenced to probation with drug rehabilitation for having a very small amount of marijuana on your person or in close enough range that the officer will deem it “constructive possession.”
Debunking the “Cite and Release” Law Although the Texas legislators did pass a bill in 2007 which gave police officer the option to “cite and release,” any person found in possession of less than four ounces of marijuana, don’t believe the widespread rumors that such a citation is no more serious than a moving violation ticket. Should the officer exercise his option to write you a citation, your worries are far from over, and basically the only benefit you will receive from the “cite and release” program is that you will not spend the night in jail. A conviction will still show up on your criminal records and you will face the exact same punishments you would have before “cite and release” took effect. Although many states have decriminalized possession of minor amounts of marijuana, Texas is not one of them.
What Penalties You Will Face for Marijuana Possession Assuming the prosecution can prove you were in actual care, custody, control or management of the marijuana, then possession of up to two ounces will bring fines of up to $2,000 and county jail time of up to six months. Possession of more than two ounces but less than four brings double the fine and double the jail time as well as the potential loss of your driver’s license. Between four ounces and five pounds of marijuana possession could bring a fine of as much as $10,000 and sentence between six months and twenty-four months in state jail. Probation is not allowed as a punishment for any amount of marijuana possession over one pound. Should you be caught with more than five pounds of marijuana you will likely be considered a major drug trafficker with sharply escalating penalties. Five to fifty pounds of marijuana possession could bring up to ten years in state prison and as much as $10,000 in fines while fifty pounds to a ton carries two to twenty years in state prison and the same $10,000 fine. The most serious level of possession in the state of Texas is any amount larger than one ton which could actually result in life imprisonment and a $50,000 fine.
The actual care, custody, control or management law may offer your attorney some level of defense for your marijuana possession charges. Suppose you were in a car with four other people and were pulled over by a police officer. A passenger in the back seat has a joint in his pocket and in fear quickly throws it under the seat where it is found by officers. In such a scenario, it can be difficult for the prosecution to prove any one individual was in actual custody of the joint. In the same vein, should the police raid your home during a party and find a joint they must be able to prove that joint was in the care of one specific individual.
Collateral Damage of a Marijuana Possession Conviction If the Texas penalties for possession of marijuana were not harsh enough, those who find themselves with a conviction will likely deal with much more than jail time, fines and the loss of their license. Those with a criminal conviction on their record may find they are unable to rent a home, unable to get federal funding to continue their college education and may either be unable to gain employment or could lose their present employment. In some cases the convicted person’s vehicle may be seized or impounded resulting in huge fines to get it out of impound. It can be next-to-impossible to get a professional license once you have a drug conviction on your record and you may not be allowed to work in any profession which involves children. There is also a certain stigma which comes to those with drug convictions; they may find those in their community look at them quite differently than they once did.
House Bill, number 1491 which would have allowed patients who were found with small amounts of marijuana—based on a doctor’s recommendation—a defense against prosecution was similarly ignored. A staggering 97% of all arrests made in Texas during 2007 were for possession of marijuana. This means that nearly 70,000 people were arrested for possession of a substance which many consider to be even less harmful than alcohol. The penalties for drug convictions in Texas are among the toughest in the United States, garnering it a spot among the “Five Worst States to Get Busted with Pot,” on a list put out by NORML, a group which advocates for legalization of the drug.
Texas Stance on Possession of Marijuana Despite the attempted introduction of House Bills which would reform marijuana laws, it is likely the Texas government will remain firm in their punishments for those charged with drug possession. Should you be caught with even one joint in the state of Texas you could find yourself charged with a class B misdemeanor (a criminal charge) which could cost you as much as $2,000 in fines and as much as six months in the county jail. Additionally you could find yourself with no driver’s license for an extended period of time. If you have no priors and the judge is feeling lenient, at a minimum you will be sentenced to probation with drug rehabilitation for having a very small amount of marijuana on your person or in close enough range that the officer will deem it “constructive possession.”
Debunking the “Cite and Release” Law Although the Texas legislators did pass a bill in 2007 which gave police officer the option to “cite and release,” any person found in possession of less than four ounces of marijuana, don’t believe the widespread rumors that such a citation is no more serious than a moving violation ticket. Should the officer exercise his option to write you a citation, your worries are far from over, and basically the only benefit you will receive from the “cite and release” program is that you will not spend the night in jail. A conviction will still show up on your criminal records and you will face the exact same punishments you would have before “cite and release” took effect. Although many states have decriminalized possession of minor amounts of marijuana, Texas is not one of them.
What Penalties You Will Face for Marijuana Possession Assuming the prosecution can prove you were in actual care, custody, control or management of the marijuana, then possession of up to two ounces will bring fines of up to $2,000 and county jail time of up to six months. Possession of more than two ounces but less than four brings double the fine and double the jail time as well as the potential loss of your driver’s license. Between four ounces and five pounds of marijuana possession could bring a fine of as much as $10,000 and sentence between six months and twenty-four months in state jail. Probation is not allowed as a punishment for any amount of marijuana possession over one pound. Should you be caught with more than five pounds of marijuana you will likely be considered a major drug trafficker with sharply escalating penalties. Five to fifty pounds of marijuana possession could bring up to ten years in state prison and as much as $10,000 in fines while fifty pounds to a ton carries two to twenty years in state prison and the same $10,000 fine. The most serious level of possession in the state of Texas is any amount larger than one ton which could actually result in life imprisonment and a $50,000 fine.
The actual care, custody, control or management law may offer your attorney some level of defense for your marijuana possession charges. Suppose you were in a car with four other people and were pulled over by a police officer. A passenger in the back seat has a joint in his pocket and in fear quickly throws it under the seat where it is found by officers. In such a scenario, it can be difficult for the prosecution to prove any one individual was in actual custody of the joint. In the same vein, should the police raid your home during a party and find a joint they must be able to prove that joint was in the care of one specific individual.
Collateral Damage of a Marijuana Possession Conviction If the Texas penalties for possession of marijuana were not harsh enough, those who find themselves with a conviction will likely deal with much more than jail time, fines and the loss of their license. Those with a criminal conviction on their record may find they are unable to rent a home, unable to get federal funding to continue their college education and may either be unable to gain employment or could lose their present employment. In some cases the convicted person’s vehicle may be seized or impounded resulting in huge fines to get it out of impound. It can be next-to-impossible to get a professional license once you have a drug conviction on your record and you may not be allowed to work in any profession which involves children. There is also a certain stigma which comes to those with drug convictions; they may find those in their community look at them quite differently than they once did.
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