Despite marijuana's popularity here in the United States, it is not a legal substance. Marijuana is widely known as a "gateway" drug, meaning it is said to open the doors to experimenting with other drugs that can be potentially lethal. According to the Controlled Substance Act of 1970, marijuana (also known as cannabis, THC, dope, chronic, etc.) is classified as a Schedule 1 drug along with opium, LSD, heroin, and GHB (the "date rape" drug), to name a few. The Act categorized drugs into "schedules" by their addictive nature and whether or not they have medicinal uses. A Schedule 1 drug is considered to have a high potential for addiction and no medicinal uses. Throughout the years, the government has attempted to crack down on marijuana trafficking, production and sales in the US in an effort to control its growing popularity and usage. Hence, possession of marijuana is a serious offence.
Whether you were arrested by a state officer or a federal officer is a big distinction. If a state police officer arrests or tickets you then your consequence will follow whatever that particular states laws regarding marijuana possession are. Each state has different laws when it comes to possession. If you are arrested by a federal agent, then chances are you are violating the law in a much grander scale. Federal agents don't just show up at your door unless they have reason to believe that you are involved with transporting or manufacturing of marijuana and/or have ties to much more serious illegal activities.
State charges for possession of marijuana vary from a misdemeanor or felony to jail or prison time and court fines. The amount you were caught with and if you have a prior offence will affect the sentencing. Say you are in Texas, you have less than two ounces in your possession and you are a first time offender. You could be sentenced to serve jail time for up to 180 days and have to pay up to $2,000 in fines. If you had more than two ounces jail time increases to up to one year to and up to $4,000 in fees. The more you have in your possession at the time of the arrest, the steeper the consequences.
Possession on the federal level for a first offence could result in a misdemeanor that may include up to a year in prison and up to $1,000 in fees. The sentence will be more severe if this is not your first offence or your arrest is tied to other criminal activity and could escalate to a felony charge. Felonies can put you in prison from one to ten year and cost you up to $5,000 in fines. Not only will the charge go on your permanent criminal record, but it can also affect getting a job in the future, suspend or revoke your driving license, and will not allow you to get a travel visa or a government student loan.
Some states have decriminalized marijuana under their state laws. This means that if you are caught by the law with a small amount, it is seen as a minor infraction, much like a traffic ticket. If you have a prior history then this affects the outcome. If you are arrested for possession in a state that has not decriminalized marijuana the consequences are much more serious, as stated above. Is this decriminalization a push to legalize t
State charges for possession of marijuana vary from a misdemeanor or felony to jail or prison time and court fines. The amount you were caught with and if you have a prior offence will affect the sentencing. Say you are in Texas, you have less than two ounces in your possession and you are a first time offender. You could be sentenced to serve jail time for up to 180 days and have to pay up to $2,000 in fines. If you had more than two ounces jail time increases to up to one year to and up to $4,000 in fees. The more you have in your possession at the time of the arrest, the steeper the consequences.
Possession on the federal level for a first offence could result in a misdemeanor that may include up to a year in prison and up to $1,000 in fees. The sentence will be more severe if this is not your first offence or your arrest is tied to other criminal activity and could escalate to a felony charge. Felonies can put you in prison from one to ten year and cost you up to $5,000 in fines. Not only will the charge go on your permanent criminal record, but it can also affect getting a job in the future, suspend or revoke your driving license, and will not allow you to get a travel visa or a government student loan.
Some states have decriminalized marijuana under their state laws. This means that if you are caught by the law with a small amount, it is seen as a minor infraction, much like a traffic ticket. If you have a prior history then this affects the outcome. If you are arrested for possession in a state that has not decriminalized marijuana the consequences are much more serious, as stated above. Is this decriminalization a push to legalize t
Possession on the federal level for a first offence could result in a misdemeanor that may include up to a year in prison and up to $1,000 in fees. The sentence will be more severe if this is not your first offence or your arrest is tied to other criminal activity and could escalate to a felony charge. Felonies can put you in prison from one to ten year and cost you up to $5,000 in fines. Not only will the charge go on your permanent criminal record, but it can also affect getting a job in the future, suspend or revoke your driving license, and will not allow you to get a travel visa or a government student loan.
Some states have decriminalized marijuana under their state laws. This means that if you are caught by the law with a small amount, it is seen as a minor infraction, much like a traffic ticket. If you have a prior history then this affects the outcome. If you are arrested for possession in a state that has not decriminalized marijuana the consequences are much more serious, as stated above. Is this decriminalization a push to legalize the drug? Some argue that marijuana should be reclassified by the government and believe that is it wrongfully categorized in the Schedule 1 category.
You may have heard of medicinal marijuana in the news in the past few years. In some states laws state that if you have a valid prescription from a licensed doctor and you reside in a state that allows the purchase of medicinal marijuana for a true medical condition then the purchase of medicinal marijuana is legal. For the rest of us the marijuana possession, use, growth and trafficking is a crime that is punishable under the law.
Regardless of your personal stance on marijuana and its legalization, there are laws in place that define it as a controlled substance. If you are arrested for possession of marijuana, no matter what the circumstances, contact your San Antonio federal criminal lawyer. You need an experienced criminal attorney on your side that can help explain your rights and represent you in court.
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Some states have decriminalized marijuana under their state laws. This means that if you are caught by the law with a small amount, it is seen as a minor infraction, much like a traffic ticket. If you have a prior history then this affects the outcome. If you are arrested for possession in a state that has not decriminalized marijuana the consequences are much more serious, as stated above. Is this decriminalization a push to legalize the drug? Some argue that marijuana should be reclassified by the government and believe that is it wrongfully categorized in the Schedule 1 category.
You may have heard of medicinal marijuana in the news in the past few years. In some states laws state that if you have a valid prescription from a licensed doctor and you reside in a state that allows the purchase of medicinal marijuana for a true medical condition then the purchase of medicinal marijuana is legal. For the rest of us the marijuana possession, use, growth and trafficking is a crime that is punishable under the law.
Regardless of your personal stance on marijuana and its legalization, there are laws in place that define it as a controlled substance. If you are arrested for possession of marijuana, no matter what the circumstances, contact your San Antonio federal criminal lawyer. You need an experienced criminal attorney on your side that can help explain your rights and represent you in court.
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