Highway Interdiction

When states like Colorado and California legalized recreational marijuana, they saw a rapid increase in tourism. Among these tourists were travelers from Texas. Many of these tourists will make the trip back to Texas with a few edibles for their friends or buds to enjoy when they return home.

Texas Highway Patrol is on high alert for such tourist. Through highway interdiction, law enforcement will target these travelers, pull them over for trivial reasons and search their vehicle for marijuana and other THC products.  Contact legal representation immediately if you or someone you love was arrested during a highway interdiction stop.

Attorney for Highway Interdiction Arrests in Texas

A highway interdiction arrest is a frightening experience. One minute you are minding your business and the next you’re in the back of a police car. Contact Law Offices of David Sloane, PLLC if your travels resulted in marijuana arrest. David Sloane will travel to where you are and defend your rights in court.

David Sloane has successfully defended hundreds of clients of marijuana crimes in Texas. He will use this experience to your advantage when negotiating with prosecutors. Take the first step in building your defense and contact Law Offices of David Sloane, PLLC. Call (817) 349-7118 to schedule a confidential consultation.

Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties throughout North-Central Texas such as Dallas County, Tarrant County Hudspeth County, Hartley county and Wilbarger County. 


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What is Highway Interdiction?

Highway interdiction was created to counter drug trafficking on the Texas highways. Now, many travels with small amounts of marijuana returning from Colorado or California have become targets of these highway stops. Many of the travelers are unaware the THC edibles and drinks could constitute a felony charge.

During a highway interdiction, a police officer will find a trivial reason to stop a motorist and seek opportunities to search their vehicle. If there are numerous passengers in the vehicle, the officer will separate them and ask about their destination and travels.  After a driver has been questioned, they will be pressured into having their vehicle searched under the guise the officer has reasonable suspicion.

These officers put their lives on the line for our safety and they deserve the utmost respect. But there are instance where an officer goes beyond their jurisdiction and wrongfully stops, searchers or arrests a driver.  When an officer fails to follow the laws governing these activities, any evidence gathered may be thrown out in court.


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Common Areas for Highway Interdiction in Texas

Most of the motorists subject to highway interdiction are returning from Colorado. These travelers will likely travel through some of Texas’ most heavily monitored highways. The Texas Highway Patrol often enforces highway interdiction on Interstate 40 in Wheeler, Gray, Oldham and Carson counties.

Highway interdiction also occurs south of Potter County along U.S. 297 and in Childress, Hardeman, Clay, Montague, Wise and Wichita counties. A pleasant vacation in the mountains can be ruined when you are arrested and charged with a marijuana crime.  It is advised that you contact legal representation immediately if you were arrested through highway interdiction.


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Penalties for Possession of Marijuana in Texas

As mentioned earlier, highway interdiction was created to combat drug smuggling, but most of the motorist caught with drugs are found with small amounts. Marijuana is not classified within the state’s illegal substance schedule. Instead, it’s classified in it’s own group.

While marijuana may not be a scheduled drug in Texas, the penalties for the possession can still be harsh. How you are charged and penalized for possession of marijuana depends on the amount found in your possession. Penalties for the crime can be found in the table below.

WeightChargeJail/Prison TimeFine
2 oz. or lessClass B misdemeanorUp to 180 days$2,000
More than 2 oz. but less than 4 oz.Class A misdemeanorUp to 1 year$4,000
More than 4 oz. but less than 5 lbs.State jail felony180 days – 2 years$10,000
More than 5 lbs. but less than 50 lbs.Third-degree felony2 years -10 years$10,000
More than 50 lbs. but less than 2,000 lbs.Second-degree felony2 years – 20 years$10,000
More than 2,000 lbs.Life-felony5 years – 99 years or life$50,000

 

Possession of THC concentrates such as edibles, oils and dabs are a different story. Texas law does not consider THC concentrates as marijuana. Instead, the state considers concentrates and extracts as penalty group 2 drugs. This means you will be more heavily penalized for possession of concentrates and extracts than possession of the plant’s buds.

Possessing any amount of THC concentrates is a felony in Texas. The charges for possession of THC concentrates will depend on the amount found in your possession. Listed below are the charges for possession of THC concentrates.

  • Less than 1 gram: State jail felony
  • More than 1 gram but less than 4 grams: Third-degree felony
  • More than 4 grams but less than 400 grams: Second-degree felony
  • More than 400 grams: First-degree felony

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Additional Resources for Highway Interdiction

Texas Controlled Substance Act– Follow the link provided to read through the laws governing marijuana in Texas. You can read the precise legal definition of marijuana possession and other marijuana crimes such as delivery. The code can be read on the Texas Constitution and Statutes website.

Arrest Without Warrant | Texas Code of Criminal Procedure – Visit the Texas Constitution and Statutes website to read through the section of the code of criminal procedures governing warrantless arrest. You can find out when an officer has the authority to make an arrest without a warrant.


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Texas Highway Interdiction Lawyer

David Sloane is a member NORML and helping lead the fight for marijuana legalization in Texas. Until the plant is legal, he will vigorously defend Texans accused of marijuana crimes. Highway interdictions can be frightening. You are in an unfamiliar area and you don’t know whom to turn to. Turn to Law Offices of David Sloane, PLLC.

David Sloane has been traveling across North-Central Texas for over a decade defending travelers arrested for marijuana crimes. He knows how frightening this situation can be, which is why he wants to help. Schedule a time to speak with Law Offices of David Sloane, PLLC more about your case. Call (817) 349-7118.

Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties across North-Central Texas. Some of these counties include Tarrant County, Dallas County, Sherman County, Donley County, Moore County and Gray County.


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This article was last updated on Wednesday, February 6, 2019.