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Marijuana Possession and Distribution Charges: Defend Yourself With Experienced Austin Drug Lawyer Charles Johnson

Marijuana Possession and Distribution are

not a minor matter in the eyes of law

enforcement agencies and prosecutors. If you

were arrested for marijuana possession or

distribution, you may be charged with a state or

federal misdemeanor or felony. Either way, it’s

best to have a knowledgeable criminal defense

attorney from The Charles Johnson Law

Firm acting on your behalf. You have legal rights,

and these rights will be protected by your defense

attorney.

The Charles Johnson Law Firm is one of the

foremost criminal defense law firms in Austin 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. Austin 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 Austin Drug 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.

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The prosecution may argue that you’re “in possession” of marijuana in Austin, 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 Austin 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

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defense legal representation in the Austin area,contact Attorney Johnson anytime day or night at 512-

832-1200 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.

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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.

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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:

Possession

Cultivation

Distribution

Paraphernalia

Search and seizure laws

Asset seizure

Search warrants, wiretapping and surveillance

Contact the Best Austin Marijuana Possession and Distribution Lawyer: The Charles Johnson Law Firm

Before someone can be convicted of marijuana possession in Austin, 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 Austin 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 Austin

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Drug Lawyer Charles Johnson directly by calling 512-832-1200 anytime, day or night to discuss

your case.

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Marijuana Possession and Distribution Charges: Defend Yourself With Experienced Austin Drug

Lawyer Charles Johnson

Austin Lawyer Charles Johnson Solving Problems...Every Day®

http://www.austinlawyer.com/

Charles Johnson Law Firm

111 Congress, Suite 400 Austin, TX 78701

E-Mail: charlesjohnson@austinlawyer.com

Phone: (512) 832-1200

Toll-Free: (877) 308-0100

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