States across the nation may have taken steps to decriminalize marijuana, but the plant remains a controlled substance in the Lone Star State. Marijuana is not classified in any specific penalty group under the Controlled Substance Act, but crimes involving the plant are still heavily penalized.
Depending on where the crime is committed, some offenders will have the drug confiscated and given a citation while others will be sent to jail. Criminal charges for marijuana crimes largely depend on the amount involved, but they can range from a class B misdemeanor to a first-degree felony.
Marijuana Defense Attorney in Texas
As a member of NORML, David Sloane is fighting for marijuana legalization in Texas. Until the plant is legal, he will vigorously defend those accused of marijuana crimes. With over 20 years of experience, Law Offices of David Sloane, PLLC knows what it takes to win a case or have it dismissed.
Take the first step in building your defense and contact Law Offices of David Sloane, PLLC. David Sloane will use his experience to your advantage. He will aggressively advocate on your behalf and ensure the facts of your case are heard. Call (817) 349-7118 to schedule a confidential consultation. Law Offices of David Sloane, PLLC defends clients in Tarrant County, Dallas County, Dallam County, Sherman County, Moore County and many others in North-Central Texas.
- How is Marijuana Defined in Texas?
- Marijuana Crimes in Texas
- Possible Defenses for Marijuana Crimes
- Additional Resources
How is Marijuana Defined in Texas?
Most people know what marijuana is. But what they don’t know is how Texas law defines the drug. According to the Texas Controlled Substance Act, marijuana is considered the seeds, compounds, manufacture, salts, derivatives, mixtures or preparations of the cannabis plant.
The marijuana industry has dramatically increased over the last decade. With this growth has come new ways to consume the plant. Methods such as oils, dabs and edibles have become increasingly popular. These methods of consuming marijuana are considered THC concentrates.
Under the Texas Controlled Substance Act, THC concentrates are not considered marijuana. Instead, concentrates are separate from marijuana and classified as a penalty group 2 drug. This means crimes involving THC concentrates will entail harsher penalties than crimes involving marijuana.
Other substance not considered marijuana include:
- The stalks or fibers of the cannabis plant
- Cakes or oils made from the plant’s seeds
- Compounds, derivatives and mixtures of the stalks, fibers, oils or cakes
- Sterilized seeds incapable of being germinated
Marijuana Crimes in Texas
Texas is leading the way for the number of marijuana arrests in the United States. According to a report from the FBI, Texas law enforcement made nearly 65,000 arrests for marijuana crimes in 2016, 98% of which were for simple possession. Most of these people are causing no harm to society, yet their lives will be turned upside down for a crime involving a plant.
Law Offices of David Sloane, PLLC has defended hundreds of clients accused of marijuana crimes across Texas. Some of the marijuana crimes we defend include:
- Marijuana possession
- Possession over 4 ounces
- Possession with intent to sell
- Marijuana DWI
- Delivery of marijuana
- Marijuana cultivation
- Marijuana trafficking
- THC Concentrates and edibles
- Felony marijuana offenses
- Federal marijuana offenses
- Positive THC drug test probation violation
- Possession of a controlled substance
- Arrest of out of state visitors
Possible Defenses for Marijuana Crimes
Just because you were arrested for a marijuana crime does not mean you will be convicted. There are various defense strategies Law Offices of David Sloane, PLLC could use to possibly have your charges reduced or dismissed.
Potential defenses for marijuana crimes could include:
- Illegal search and seizures
- Failure to read Miranda warnings
- Violation of Constitutional rights
- Not a usable quantity of marijuana
Challenging the admissibility of evidence obtained during an arrest is one of the most effective defenses. The evidence police obtain before and after an arrest is crucial for state prosecutors to build a case against you. But, police are required to comply with search and seizure laws when gathering evidence. Failing to do so can result in having the evidence thrown out.
Arguing the validity of a chemical test used in a marijuana DWI is another common method of defense. When you are arrested for a suspected DWI with marijuana, law enforcement will likely conduct a chemical test of your blood or urine. Marijuana can stay in your system weeks after you’ve consumed the drug. This means a chemical test can come back positive even if you weren’t actually driving intoxicated.
It’s imperative you contact a marijuana defense attorney if you have been arrested or charged with a marijuana crime in Texas. No two marijuana cases are alike. Each one will require a personalized defense plan that Law Offices of David Sloane, PLLC will craft for you.
Additional Resources for Marijuana Defense
Texas Controlled Substance Act – Read through the act governing marijuana crimes in Texas. You can read the precise legal definition of crimes like possession and delivery. You can also learn about other drugs grouped with THC concentrates. The act can be read on the Texas Constitution and Statutes website.
DFW NORML Chapter – Visit the official website of the NORML chapter in Dallas Fort Worth. You can gain access to local chapter information, state laws and news regarding marijuana legalization. NORML, National Organization for the Reform of Marijuana Laws, is a non-profit group advocating for the legalization of marijuana in the United States.
Texas Marijuana Defense Lawyer
David Sloane is a well respected and sought after marijuana attorney. With a strong background in criminal investigation and marijuana law, he is well prepared to defend the charges against you. The sooner you contact Law Offices of David Sloane, PLLC, the sooner we can get to work building your defense.
Schedule a time to speak with David Sloane more about your case. (817) 349-7118. Some of the areas Law Offices of David Sloane, PLLC serves include Tarrant County, Dallas County, Oldham County, Potter County and Carson County.
This article was last updated on Wednesday, February 6, 2019.