Marijuana possession is an offense that can have severe consequences if an individual is convicted. In fact, depending on the facts of the case, a person could find themselves facing felony charges. It is imperative that when faced with these charges, you seek the assistance of a Lubbock marijuana possession lawyer. If you face charges for marijuana possession, contact an accomplished Lubbock drug lawyer, who can help you build your case.
Prosecution of Marijuana Possession
The analysis for prosecuting a possession case in Lubbock is that marijuana is different than any other drug in Texas based upon, first, the statute. For a marijuana case, it has to be a true marijuana case. It is measured in ounces and pounds versus grams. A possession of marijuana case that is of a usable amount, up to two ounces on a first offense, is a Class B misdemeanor and that means it can carry with it up to a maximum of 180 days in the Lubbock County detention center or up to $2,000 fine.
Any drug case, including a marijuana case, can have collateral consequences and in this particular case, if a person is convicted of possession of marijuana case, their Texas driver’s license can be suspended for up 180 days even if that is nowhere in the criminal judgment. If somebody has a lawyer that does not know what they are doing and the defendant pleads guilty to the marijuana case, there is nothing regarding their driver’s license suspension in the criminal case. A few months later, that individual will receive a notice from the Department of Public Safety that says that because of their drug conviction, they are going to suspend their license for 180 days.
Federal Grants and Student Aid
Another collateral consequence is that it does affect a federal grant and student aid money if the person is going to college. If a student is on financial aid and if that is financial aid that is supported by the federal government—Pell grants, Stafford loans, or anything that is supported that is a federal loan or grant—then upon notification, the grant division under law has to pull that grant for a period of one year if there is an actual conviction. An experienced Lubbock drug lawyer will know this and can try to get a resolution that does not affect the student’s financial life.
Traveling with THC Infused Items
Lubbock marijuana possession lawyers have seen scenarios where an individual goes to a state like Colorado and legally buys marijuana or THC-infused products such as a candy bar. That one candy bar that was legal to buy in Colorado has about a 0.5 nanogram of THC, enough to get somebody high, but certainly for personal use only. Because there is a candy bar with the THC is infused into the candy, the entire candy bar weight is counted under the drug statute says for controlled substances.
That one candy bar that was perfectly legal to buy 300 miles ago in Colorado is now risking a felony conviction on the young person’s record that brought them back in and we are seeing more and more of those cases. Attorneys handle a lot of those cases whether they are coming through Garza County, whether they are in our Amarillo area on I-40 and Childress, Texas. It can be in any area basically in West Texas in plain view that a person is driving through. We certainly see a lot of those charges.
If a person has two ounces of marijuana up to four ounces of marijuana, that is a class A misdemeanor and that carries a punishment range of up to a year in the Lubbock County detention center or an up to $4,000 fine. An individual would also find that their driver’s license and their student financial aid would be suspended.
When it gets over four ounces, then it becomes a felony. Again, this is just in the possession of the actual marijuana or the green leafy substance. Four ounces to five pounds is a state jail felony which means that the defendant would go from 180 days to having to spend six months to two years in the state jail division of the Texas Department of Corrections. It should be noted that in state jail it is expected that the individual will serve their sentence in its entirety. If a client gets a one year sentence to state jail, they will typically serve the entire sentence. If a person has more than five pounds, then it becomes either a third-degree felony, five to 50 pounds or on up to a second degree and a first-degree felony.
It has to be a usable amount of marijuana, so just having a part of the marijuana that a person cannot smoke or use to get high is not enough under Texas law to get charged with possession. An example of unusable marijuana would be the marijuana seeds. Even if someone has a marijuana seed or many marijuana seeds, because the person cannot get high off of smoking the seed, they cannot be charged with possession.
Importance of an Attorney
If you have been charged with possession, seek the legal counsel of a determined attorney who will advocate for you. Drug offenses have serious consequences, like the loss of financial aid and grants, which can have a large and very negative impact on a person’s life. A drug lawyer will understand what is at stake and will take your case seriously. Furthermore, their familiarity with the court system will give them the knowledge needed to build a strong defense.