Lubbock Criminal Defense attorney Michael LeMond here: Sit back and relax as I explain the three things you need to know if you have been charged with possession of marijuana less than 2 ounces.
Though parts of the country are taking steps to legalize the use of marijuana, here in West Texas possession of marijuana less than 2 ounces is still a big issue.
As a Lubbock Criminal Defense Attorney, I see people all the time who have lost money, their freedom, and even their future dreams because of a conviction for Possession of Marijuana. But no worries, by following these three easy steps you will be well on your way to defending yourself against this charge.
Step One: Know the Law
Sec. 481.121. of the Health and safety code reads in part a person commits the offense of possession of marijuana “if the person knowingly or intentionally possesses a usable quantity of marihuana.”
This means that in order to convict you, the government must prove two things.
That you intentionally or knowingly had actual care, custody, control or management of the drug. Just being where drugs are present is not possession and is not enough for a conviction. If you did not know the drugs were there, you are not guilty of possession.
It must be a usable quantity. Amounts of less than a gram are considered usable, where a very small amount, such as some resin left in a pipe is likely not.
Number two: Know the Penalties:
In Lubbock, possession of marijuana less than 2 ounces is considered a B Misdemeanor, carrying a jail term of up to 180 days and a fine of up to $2,000. The jail term and fines go up from there depending on the amount of marijuana and other circumstances such as criminal history and if you are caught in a Drug Free Zone.
What most people don’t realize is the other penalties which can cause you trouble both now and down the road. A final Conviction for Marijuana can cause your driver’s license to be suspended and keep you from getting federal funding for school.
Step 3: Get a local Criminal Defense Attorney as soon as possible. Getting a good local attorney early on is essential to protecting your rights and minimizing the impact of this charge on your life. In Lubbock or West Texas, give us a call and set up a free case evaluation. Our number is 806-370-3750.
Well there ya have it. Know the law, understand the penalties, and get help as soon as possible. Thanks again for watching and be sure to give us a thumbs up and click subscribe to check out future videos!
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