An intentional possession of marijuana is an offense. Though in every state there is a varied degree of leniency regarding the same. There is a need for the state to prove the connection between marijuana and the defendant to show the possession of marijuana. The court conducts a factor test to determine the same in which it looks and evaluates several factors to come to a conclusion that indeed the defendant was in possession of marijuana. The factors are –
- Proximity to marijuana
- The remains of marijuana or its smell on the defendant or any of his vehicle.
- An odd behavior by the defendant
- Equipment of marijuana on the defendant.
There is also a need to prove that the component in possession is, in fact, marijuana and nothing else. Because of the fear of getting charged with marijuana possession, people smoke the synthetic version of the same which is legal.
Charged with the possession
Possession of marijuana is considered a misdemeanor criminal offense in Texas. If a person is charged, the Houston marijuana possession lawyer who is well experienced in this specific type of case. for the charge of possession of marijuana, hefty fines or long-term imprisonment can be the results. There are more possible consequences, like suspension of driver’s license for approximately a year. Even in the case, the person gets probation, there will stay a permanent criminal record on his profile. If the individual is a student, he would lose his student aid. The severity of charges would depend on the amount of marijuana content possessed by the individual.
The offenses and penalties in Texas
- Possession of marijuana or controlled substances
- Manufacturing, distribution, or dispensing of drugs
- Giving drugs to a minor (person under the age of 21 years)
In cases like this, a Houston marijuana possession lawyer will undergo each and every evidence available to start developing a defense plan that is firm and secures the future of the client. To understand all the options and defenses available, the accused should not give in to the first sentence or plea bargain that comes to his door, he should take a consultation.
The possible defensecases
- The first and the most common defense case in the marijuana possession case is proving that the substance belongs to somebody else, thus eliminating the point of intentional drug possession. Houston has a regular program for medical marijuana thus, it is legal to hold the medical substance but if an individual carries the same to some other state where it is not legal that would create a lot of issues.
- The second case is that the quantity is not high enough to come under the term “possession”. Also, due to the synthetic substance hold, the person would not be guilty of holding the same.
- The possession of marijuana is dependent on the weight of substance held with the individual. If the person is able to prove that the weight of possession is lesser than that for which he was charged, the punishment would significantly decrease.