Texas representative Joe Moody has proposed a change in state law that would reduce the criminal penalty for small amounts of marijuana. Texas “HB 218,” will be considered by the Criminal Jurisprudence Committee in the Texas House of Representatives this week.

This proposed new law would reduce the penalty for possession of up to one ounce (28 grams) of marijuana to a Class C misdemeanor, with no jail time and a fine of no more than $500. Currently a usable quantity of marijuana, up to 2 ounces (56 grams) is a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.

The new law would also codify a “cite-and-release” system, whereby possession of up to two ounces would not result in custodial arrest if that was the only violation of the law. You can be arrested for any amount of marijuana currently, in most jurisdictions (State law permits it, but some jurisdictions have policies whereby people are not arrested and/or charges are not accepted less than a certain amount). The new law would also sets up an expungement process for possession of up to two ounces with a small fee of $30 (under certain conditions).

ARRESTED FOR POSSESSION OF MARIJUANA or MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

https://www.legrandelaw.com

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

A bill almost became a law in Texas, reducing the penalties for marijuana and THC possession – Texas House Bill 2593. That’s right, Texas came closer than it ever has to decriminalizing possession of less than one ounce of marijuana; the new law would have made posssession of less than 28 grams a class C Misdemeanor (and a crime for which you could not be arrested).

More importantly, in my opinion, it would have changed the law on possession of THC concentrate to mirror that of possession of the plant itself, and make possession of up to two ounces (56 grams) of THC concentrate a class B Misdemeanor (punishable by up to 6 months in jail and a $2,000 fine). Currently, possession of that amount of THC concentrate could get you up to 20 years in prison! SO WHAT HAPPPENED AND HOW DID WE GET HERE!?

As I more thoroughly explain below – basically, the law finally had enough support in the Texas legislature to pass in the Texas House of Representatives. The law then went to the Senate, and the changes to the penalties were agreed upon (shockingly), but the Senate version was modified by Lt Governor Dan Patrick and other Senate Republicans to add to the definition of a controlled Delta-8-Tetrahydrocannabinol (“Delta 8 THC”). For those that are unfamiliar, Delta 8 THC is a mild psychotropic extract of hemp or cannabis, that is currently legal for sale in Texas. When the bill went back to the House for final editing and conference, Texas house member Joe Moody struck the Delta-8 addition to the definition of a controlled substance. This infuriated Dan Patrick, who refused to let the measure get a final vote in the Senate before it went to the governors desk, and the leigslative session expired. Womp-womp-womp.

So for at least 2 more years, the laws relating to marijuana and THC possession remain the same. The only way something could change sooner would be a change in the Federal law.

History of TX Marijuana & THC concentrate (wax, dabs, shatter, etc) Laws

The Texas Controlled Substance Act was passed in 1989, and established what is the framework still used today for determining the legality of possessing certain plants, drugs, and controlled substances in Texas. This is codified in Section 481 of the Texas Health and Safety Code.

In Texas, possession of THC concentrates differently, baed on the erroneous conclusuion that the concentrated substance was more dangerous and addictive. Take a look at other controlled substances in the same penalty group as THC concentrate, and you will find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will dispute that THC is a lot different than molly, but both are treated the same under the Texas Health and Safety Code. Even if we disagree on the legality of marijuana and THC, I think all of us should agree that taking mdma.

Possession of Marijuana

Under the current version of the code, possession of Marijuana (called ‘Marihuana’ in the code) has the following potential punishments for possession of a ‘usable amount,’ of marijuana:

• 2 ounces or less: Class B Misdemeanor (Up to 6 months in jail, up to $2,000 fine).
• 4 ounces or less but more than 2 ounces: Class A misdemeanor (Up to 1-year in jail, up to $4,000 fine).
• 5 pounds or less but more than 4 ounces:  State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
• 50 pounds or less but more than 5 pounds: 3rd Degree Felony.
• 2,000 pounds or less but more than 50 pounds: 2nd Degree Felony.*
• More than 2,000 pounds: 5 to 99 years, or life, and a fine up to $50,000.

Possession of THC Concentrate

Unbelievably, they treat the concentrated form of cannabis much differently in Texas. Possession of any detectable amount of a substance that is made from Marijuana that has over 0.3% THC by weight is a FELONY in Texas!

Possession of THC Concentrate has the following criminal consequences in Texas:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)
• 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)
• 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 
• More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000)

HOW THE CHANGES IN TX CANNABIS LAW DIED IN THE 2021 LEGISLATIVE TERM

House Bill 2593 was introduced by House Speaker Pro Tem Joe Moody. It was sponsored by Senator Nathan Johnson. Again, it would have reduced the penalty for possession of less than 2oz of substances derived from cannabis (concentrates like oils, vapes, edibles, infused products, etc) from a felony (according to the amount, as shown in the table above) to a Class B Misdemeanor. As you can see from the table of Marijuana penalties above, this bill would make these concentrate containing substances to be treated how we currently treat Marijuana flower. It would cover vape cartridges, pens, tinctures, or infused lotions as well.

The bill passed in the Texas House, and moved to the Senate. As passed out of the House and Senate State Affairs Committee HB 2593 had strong support for being passed. However, Senate Republicans led by Lt. Governor Dan Patrick added an amendmet during the floor debate which would have added Delta-8 THC to Penalty Group 2 of the Texas Health and Safety Code, just like Delta-9 THC (effectively making what is now an unregulated market, summarily illegal to sell or possess the substance). Because there was different versions from both chambers, House Speaker Joe Moody decided took the Bill to a Conference Committee to resolve the discrepencies between the two versions. 

Speaker Moody was successful in getting the problematic amendment removed during the Conference Committee – with the consequence of angering Senate Republicans and Dan Patrick, who felt they had compromised to pass a Marijuana law reform bill they had resisted passing for so many years. So the conference report was approved by the House, but in retaliation for striking the Delta-8 language from the Senate version of the Bill, Lt. Governor Dan Patrick chose inaction, refusing to recognize the bill’s sponsor, Sen. Nathan Johnson. Due to the HB 2593 being unable to present the Conference Committee Report before the expiration of the legislative term, the bill died.

Yes, Lt. Governor Dan Patrick is a bastard for doing this – but did Speaker Moody not also get a little too greedy? Progress is slow, had he accepted the compromise relating to Delta-8 THC, then Delta 9 would not be a Felony for another 2 years! So listen, we made progress on reforming Marijuana laws this session, but I think we missed an opportunity by lacking the finesse to get the important legislation passed.

ARRESTED FOR POSSESSION OF MARIJUANA or MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

Many of you may know by now, that there have been recent changes in the law concerning what is defined as marijuana and THC (Tetrahydrocannabinol) under the Texas Health and Safety Code. I discussed these changes in the law in a recent blog post TX Hemp & Marijuana Law – New Laws for 2019 and If You are Charged w/ Possession of Marijuana or THC? DO NOT PLEAD GUILTY!

The new law states that any plant or substance derived from a plant, that has a THC concentration less than 0.3% is no longer defined as a controlled substance (or marijuana) for purposes of the Texas Health and Safety Code’s punishments for related offenses. When the law went into effect, none of the Texas crime labs that were used to test for the presence of controlled substances had the ability to test for the QUANTITY of THC. The only thing that they could test for was the PRESENCE of THC. The GC/MS laboratory analysis are very sensitive, and can detect even 1 mg of THC, however, they did not previously have the ability to distinguish between the two in the lab.

Many people have caught on – attorneys and even the unrepresented are going to Court and professing that they possessed hemp or hemp oil. THe result was that many cases were getting dismissed. Some counties stopped filing Marijuana and THC oil cases altogether. But bad news for those living in Houston – the Houston Forensic Science Center issued a press release on September 8, 2020 stating that THEIR LAB CAN TELL THE DIFFERENCE BETWEEN HEMP AND MARIJUANA.

The method launched Tuesday by HFSC’s seized drugs section can measure whether delta-9 tetrahydrocannabinol (THC,) the controlled substance in the cannabis plant that causes a “high,” is above or below 1 percent. This will allow the laboratory to differentiate illegal marijuana from legal hemp. However, the method is limited in scope since it will measure THC concentrations at 1 percent or more although the law defines any item with a THC concentration of more than 0.3 percent as a controlled substance. As a result, HFSC will require stakeholders to acknowledge the limitations of the testing in an end-user agreement. HFSC will also note those limitations on all final reports.

So there are two positive things about this press release. First, they STILL cannot differentiate between marijuana oil (THC oil, dabs, wax, etc) and hemp oil (CBD oil, etc). These are more serious charges, because they are a Felony. The lab can still not quantify the THC content of the oil. Second, the lab can only tell if the Marijuana flower has over 1% concentration. But to be honest, the days of there being no labs that can tell the difference between hemp products and marijuana products are numbered.

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC OR MARIJUANA…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

FACT: LUNG DISEASES HAVE DEVELOPED IN PEOPLE AFTER VAPING PRODUCTS THAT CONTAINED THC.

In a press release from October 8, 2019, the Centers for Disease Control (CDC), informed the following regarding the outbreak of vape associated lung diseases:

• 1,299 cases of lung disease associated with some type of vaping
• Twenty-six deaths have been reported in 21 states in the US
• Most patients reported a history of using tetrahydrocannabinol (THC)-containing products. The latest national and state findings suggest products containing THC, particularly those obtained off the street or from other informal sources. (e.g. friends, illicit dealers), are linked to most of the cases and play a major role in the outbreak.
• Exclusive use of nicotine containing products has been reported by some patients with lung injury cases, and many patients with lung injury report combined use of THC- and nicotine-containing products. The possibility that nicotine-containing products play a role in this outbreak cannot be excluded.

FICTION: VAPING THC IS A CAUSE OF LUNG DISEASES

As with all illicit drugs, they are not regulated. Because they are not regulated, some of the vaping products that are being sold on the black market contain additives and flavorings that are linked to lung diseases. HOWEVER, the THC itself is NOT the cause of the outbreak of lung diseases!
It’s not clear how often vaping might lead to lung trouble or who is at highest risk. For example, are lung problems more common among vapers who already have breathing problems (such as asthma) or who use marijuana? Is it more common among younger individuals? Does use of e-cigarettes cause the lung disease? Or is an added substance (such as marijuana) or another contaminant the culprit? Since the FDA does not actively regulate e-cigarettes, it’s particularly difficult to get answers.

FACT: MORE CASES OF LUNG DISEASE HAVE DEVELOPED IN THOSE VAPING ILLICITLY MANUFACTURED THC

Most of those that have been diagnoses with a vaping related lung illness reported a history of vaping (THC)-containing vaping products. This has been reported in numerous stories in the media (albeit in a misleading way).

FICTION: VAPING LEGAL THC CONTAINING VAPING PRODUCTS IS DANGEROUS

There has not been a single reported vape related illness from the use of legally obtained THC containing vaping products. I challenge anyone to come forward with information about a vaping related illness where someone never consumed an illicit THC containing product (and I will happily change my position).

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

Essentially, the new law states that any plant or substance derived from a plant, that has a THC concentration less than 0.3% is no longer defined as a controlled substance (or marijuana) for purposes of the Texas Health and Safety Code’s punishments for related offenses.

WHY TO NEVER PLEAD GUILTY TO POSSESSION OF MJ OR THC

1. TX crime labs Cannot quantify how much THC is in ANY substance

None of the Texas crime labs that are used to test for the presence of controlled substances has the ability to test for the QUANTITY of THC. The only thing that they can test for is the PRESENCE of THC. The GC/MS laboratory analysis are very sensitive, and can detect even 1 mg of THC, however, they DO NOT have the ability to quantify how much THC a suspected substance has.

This creates a HUGE problem for District Attorney’s Offices across the state. Simply put, they cannot prove that the suspected substance is actually controlled and regulated as a PG 2 substance, marijuana, or Hemp, because it has a THC concentration below the threshold level.

2. New law has enactment date of September 1, 2019 – HOWEVER, statutory construction dictates it be applied to ALL future cases.

Without nerding out too much…follow me on the statutory construction of a new law like the Texas Hemp Farm Act to understand WHY THE NEW LAW IS RETROACTIVE:

• The new law is outside the Texas Penal Code
• The new law is ambiguous because it has an enactment date, but no enabling legislation or a savings provision (basically this means that the new law does not specify to what offenses it applies to; eg, if a person is arrested before the enactment date and tried after the enactment date.
• When a law is ambiguous, the Texas Government Code gives guidance in the interpetation and application of a new statute under Chapter 311, TX GOV CODE.
• Under the Texas Government code: “If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment, revision, or amendment of a statute, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the statute as amended.” TX GOV CODE 311.031(b)
• Since the penalty or punishment for substances with less than 0.3% THC is reduced, the new statute applies, despite when the alleged offense was committed.
• Applying the new Statute requires that the jury find beyond a reasonable doubt that the substance you were alleged to have possessed contained a THC concentration over 0.3%.

3. If they cannot prove the quantity of THC in a given substance, they cannot prove guilty Beyond a Reasonable Doubt

The labs cannot tell the difference between 95% THC and 0.00001 % THC.

BEFORE YOU PLEAD GUILTY TO POSSESSION OF THC OR MARIJUANA…

Call LeGrande Law for a FREE consultation

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

What does the new law say?

On June 10, 2019, Governor Abbot signed House Bill 1325, what has become known as the Hemp Farming Act (Act). The Act was passed with the intention of promoting the cultivation and processing of hemp and hemp products.  See HB 1325 sec. 2(b)(2). Although it is agreed that the bill became effective upon signing, it is disputed whether it applies retroactively

Under the new law “hemp” plant, and its seeds, derivatives, extracts,etc., with a (THC) concentration of not more than 0.3 percent.

How does this affect people charged with Marijuana or THC oil?

The unintended consequence of the law change is that there is added difficulty proving possession of Marijuana and THC, or cannabis oil.  This is because the laboratories around the state cannot distinguish between Hemp that contains less than 0.3% THC, and higher concentration Cannabis plant or THC-oil.  The labs in the state of TX can currently only detect the presence of THC and cannot quantify the amount. 

Now, to prove possession of marijuana or THC-oil, the state must prove possession and also prove that the substance is actually marijuana or a THC containing product with over 0.3% THC. 

The added element that the State of Texas must now prove in a Marijuana or THC-oil case is that “the state must prove beyond a reasonable doubt that the marijuana contained THC greater than 0.3 percent on a dry weight basis.” COnsidering that the labs cannot prove up the allegation (unless new methods are develloped and implemented), the State must prove this up through other evidence, including admissions and physical evidence indicating the item has a higher THC concentration.  This is the element that has prompted many prosecutors to no longer accept marijuana charges, and to go so far as to instruct law enforcement agencies not to file marijuana cases unless THC levels can be proven to be above the 0.3 percent threshold.

If I am suspected of Marijuana or THC oil possession, what should I do?

#1 DO NOT make any admissions about possession of Marijuana or THC-oil.

2 – DO NOT keep Marijuana or THC-oil products in the original packaging that indicates it is a high-THC cannabis product!

CHARGED WITH POSSESSION OF MARIJUANA OR THC?

If accused of a drug crime, including Possession of Marijuana or Cannabis Oil (THC), you need an attorney with proven results, winning cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande

281-684-3500

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?

1. Not everyone is eligible,
2. 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.
3. 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

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

POSSESSION OF THC CONCENTRATE IS A FELONY IN TEXAS

Possession of any detectable amount of Tetrahydrocannibinol (“THC”), also known as wax, dabs, shatter, marijuana concentrate is a Felony in Texas.

EVEN possession of less than a gram of THC concentrate, is a State Jail Felony – 6 months to 2 years in a Texas State Jail facility, and a $10,000 fine.

HOW DID POSSESSION OF THC BECOME A FELONY IN TEXAS?

The Texas legislature made the erroneous decision to treat concentrated THC different than flower Marijuana, and designated THC concentrate a felony under TX law [Penalty group 2 of Section 481 of the Texas Health and Safety Code].  Review other controlled substances in this penalty group, and you find substances like MDMA (3,4-Methylene-dioxy-methamphetamine).  No one will dispute that THC is a lot different than molly, but both are treated the same in the Texas Health and Safety Code.

Many find it amazing that marijuana concentrate possession is a felony in Texas because possession of up to a quarter of a pound of marijuana (up to four ounces) is a Misdemeanor. In some Counties, like Harris County, If you are found in possession of less than 4 ounces of marijuana, you do not get arrested or charged (so long as you are not accused of doing anything else wrong more than a traffic offense).

Inevitably Marijuana will be legalized nationwide. However, don’t get caught with THC concentrate in Texas or you are facing the following Felony consequences…

Possession of THC Concentrate:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)

• 1 to 4 grams: 3rd Degree Felony (2 – 10 Yrs in TDCJ, and a fine up to $10,000)

• 4 to 400 grams: 2nd Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000) 

• More than 400 grams: 1st Degree Felony (5 to 99 yrs or life in TDCJ, and a fine not to exceed $50,000)

If charged with possession with intent to manufacture or delivery of THC concentrate:

• Less than one gram: State Jail Felony (6 months – 2 Yrs in state jail, and a fine up to $10,000)

• 1 to 4 grams: 2nd  Degree Felony (2 – 20 Yrs in TDCJ, and a fine up to $10,000)

• 4 to 400 grams: 1st Degree Felony (5 – 99 Yrs in TDCJ, and a fine up to $10,000)

• More than 400 grams: 10 to 99 yrs or life in TDCJ, and a fine not to exceed $100,000 

Now for the good news: Marijuana concentrate cases are unique among controlled substance offenses. THC Concentrate possession or delivery cases are treated differently by District Attorney’s around the state – do not be misled into believing you will be imprisoned for decades over half an ounce of THC concentrate (even if the punishment range for that offense authorizes it). 

DO NOT TAKE A DEAL until you consult with an attorney familiar with DEFENDING & WINNING THC cases.

If a traffic stop is illegal, or if the search of your person or property is illegal, LeGrande Law may be able to suppress the evidence at trial.  Also, many counties have diversion programs for these types of offenses.

ARRESTED FOR POSSESSION OF MARIJUANA CONCENTRATE (THC)?

Call LeGrande Law today to find out your options!

If accused of any drug offense, including Possession of THC Concentrate, you need an attorney that has a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW – FREE Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

CLIENT REVIEWS OF LEGRANDE LAW

**HERE**

Top 40 under 40 in Criminal Defense | AVVO 10.0 | Martindale-Nolo | Lawyers.com | Justia

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)

If law enforcement finds you in possession of less than 4 ounces of marijuana, you will now be given the option to take a 4-hour class on cognitive decision making instead of going to jail. The class costs $150.

The marijuana will be seized and logged into evidence, and if you do not complete the class, the charges will be filed as usual.

CHARGED WITH POSSESSION OF MARIJUANA?

CALL LEGRANDE LAW

FREE consultations!

281-684-3500

http://www.HoustonDrugAttorney.net

Illegal synthetic marijuana, or “weaponized” marijuana as police are calling it, is spreading across New York, particularly the city’s homeless population in search of a cheap high but who often wind up hospitalized or dead.

Little is understood about the drug, also known as “K-2” or “spice.” A spike in hospitalizations this year, some deaths, and camera footage of crazed and violent users have prompted police to act.

Synthetic marijuana refers to herbal mixtures sold in small packets that often contain shredded plants and chemicals that when smoked can cause hallucinations, paranoia and even cardiac arrest. A federal ban on compounds found in synthetic marijuana products was enacted in 2012 and it is illegal to sell it in New York State.

One video streamed at Tuesday’s press conference showed a naked man, who police say was high on synthetic marijuana, ranting and smashing a hole in a wooden fence with his fist before being pepper sprayed and wrestled to the ground by a group of officers. In another video a man, also unclothed, crouched in the middle of a street, delirious, screaming at the ground.

Between April 1 and July 31, more than 1,900 people were admitted to hospitals in New York State after taking the substance, the NYPD said. One man high on the drug used his hands to stop an electric saw being used by police to open a door, Bratton said, leaving him covered in blood.

Sounds like a familiar story of mass-hysteria based partly in fact – but here is the part they get right: synthetic marijuana is unpredictable and is laced with chemicals that are ever-changing; the side-effects of these pot knock offs are unknown.  Another casualty of the drug war, the quasi-legal profiteers in chemical labs are churning out chemical concoctions with no regard for the effect on users.  Oftentimes these drugs are what marijuana users turn to when they cannot smoke the stable, tested, and natural stuff, usually because of court ordered or employer required drug testing.

In Texas Synthetic Marijuana has a special category in the Texas Health and Safety Code, “Penalty Group 2-A.”  Punishments by weight are equal to marijuana, meaning that less than 2 ounces is a class B misdemeanor, 2 to 4 ounces is a class A misdemeanor, a quarter pound to five pounds is state jail felony, and more than 5 pounds gets you into a TDC facility.

What qualifies as a controlled synthetic marijuana in Texas?  Under Chapter 481 of the Texas Health and Safety Code, there are nearly 100 identified chemicals the legislature has designated as synthetic cannibinoids.  However, the chemists that concoct the chemical solutions that are sprayed on the new batches may not yet be a controlled and regulated chemical.  If you are arrested for possession you should hire an attorney, to ensure that you actually were in possession of a substance that is illegal.

BEEN ARRESTED WITH K2 / KUSH / SPICE?

If you have been arrested for possession of synthetic marijuana

contact Attorney Tristan LeGrande IMMEDIATELY

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande