It finally happened, Fort Bend County, Texas has taken the bold step of offering those found in possession of THC concentrate (wax, dabs, shatter, Tetrahydrocannibinol) the opportunity to avoid a felony on your record, and allow you to get your case dismissed. In the last several months, Fort Bend County rolled out the “Felony Fresh Start Cannabis Oil Diversion Program.” Details about the program can be found below.
For several years, counties like Harris County have been offering those found in the possession of small amounts of marijuana an opportunity to keep charges off their record, if they are found by law enforcement to be in possession of small amounts of Marijuana. Harris County residents can be found in possession of up to a quarter of a pound of marijuana (up to four ounces), and you are not even arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).
CLICK HERE to review additional info from the Harris County District Attorney website about the Misdemeanor Marijuana Diversion Program.
The Fort Bend County Fresh Start Cannabis Oil Diversion Program does have certain criteria that he or she must meet in order to be eligible for the program:
- Be 17 years of age or older
- Formally charged with Possession of a controlled substance in penalty group 2 (Tetrahydrocannibinol), 400 grams or less (State Jail Felony3rd Degree Felony, or 2nd Degree Felony
- Has no additional charges arising out of the same arrest other than Class B possession of Marijuana, or Class C tickets
- Has no outstanding warrants other than Class C Misdemeanor tickets
- Is not on bond, deferred adjudication or probation in Fort Bend County or any other jurisdiction for any offense other than a Class C Misdemeanor.
A person is not eligible to participate in the Cannabis oil diversion program if he or she:
- Is a “true habitual,” or has a criminally violent background
- Commits the current offense in a “drug free zone”
- Commits the current offense in a correctional facility
- Does not enter the Cannabis Oil Diversion Program within the first 30 days of their first court appearance (unless the program was not in place at that time)
- Is not currently enrolled in the Fort Bend County Fresh Start Marijuana Diversion Program, the cannabis oil diversion program, or has been previously enrolled in either program.
Additionally, applicants to this program are required to submit an application packet containing Character reference letters, and proof of employment or enrollment in a school or university. The requirements for submission of this packet vary case by case. Please contact a criminal defense attorney with experience practicing in Fort Bend County for additional details about submission of the application packet.
So then why would you hire an attorney?
- Not everyone is eligible,
- There are new defenses available to Defendants now that hemp, hemp oil, and CBD oil are legalized. State owned laboratories do not currently have the ability to distinguish between the three because very small amounts of THC are contained in all three, and the labs can only detect the presence, not the quantity, of THC in the sample.
- You still may be able to fight your case. If the stop or search of your person or property was illegal, you may be able to get your case dismissed, or evidence suppressed at trial.
***UPDATE *** making information public about the cannabis oil diversion program has brought attorney Tristan LeGrande significant blow-back from the Fort Bend County District Attorney’s Office, and even from fellow criminal defense attorney’s that practice in Fort Bend County (unhappy because this knowledge means fewer clients for some of them). Sorry, not sorry. The public DESERVES to know how TREATMENT OF THESE TYPES OF OFFENSES IS CHANGING!
CHARGED WITH POSSESSION OF THC (wax, dabs)?
If you are accused of any drug crime, including Possession of THC Concentrate, you need an attorney with a track record of winning drug cases. Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!
Contact attorney Tristan LeGrande by calling 281-684-3500
Houston Drug Attorney Tristan LeGrande
Tristan LeGrande – LeGrande Law