In the United States marijuana is illegal to distribute, use, purchase and grow. It is considered a Schedule 1 drug, meaning it has a high potential for addiction and has no medicinal use, along with heroin, LSD, opium and GHB (“the date rape drug”). Over the years the government has made a huge push to crack down on the highly popular drug and the consequences for possession of marijuana reflect this.
Even though marijuana is an illegal substance in the United States, each individual state has its own laws regarding possession. If you are charged by a state officer, then you will be sentenced according to that particular states law. The amount in your possession at the time of the infraction and whether you have a prior record will affect your sentencing. If you are charged on a federal level, then most likely there are other serious criminal activities tied to your case and your consequences will be much more severe.
A state charge, in Texas, for a first offence and less than 2 ounces is up to 180 days and up to $2,000 in fines. If you had more than two ounces jail time increases to up to one year and up to $4,000 in fees. 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 record or ties to other criminal activity then you could be facing felony charges that will greatly affect your sentence and will go on your permanent record. A felony will negatively affect many aspects of your future.
Some states have decriminalized marijuana, meaning a first offence can have a miniscule punishment such as that of a petty crime. Some states have even allowed the legalization of medicinal marijuana with a valid prescription from a licensed doctor for a true medical ailment in that particular state only. Whether or not this is a nudge to legalize marijuana, some people argue that the drug should be reclassified and that is wrongfully categorized as a Schedule 1 drug and controlled substance.
Regardless of your personal opinion of legalization; marijuana possession, use, manufacturing and transporting is a crime that is punishable under the law. If you have been arrested or ticketed for possession of marijuana, no matter what the circumstances are, call a criminal defense lawyer immediately. An experienced San Antonio criminal defense attorney can help with the ins and outs of your case and educate you on your rights.