Charged w/ Possession of Marijuana or THC? DO NOT PLEAD GUILTY!

First and foremost, 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.

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

TX Hemp & Marijuana Law – New Laws for 2019

The laws have changed in Texas for 2019 and Low-THC products like hemp plant, hemp-oil, and CBD-oil are legal, if they contain less than 0.3% THC.  This is nowhere near full-scale legalization of cannabis, or even legalization for medical use – but, it IS a big step for the state of Texas.  Additionally, there are implications on Marijuana and Cannabis oil (THC) prosecutions, as a result of the new lab, and the State laboratories inability to quantify, or measure, the amount of THC in a plant or oil.  The range of consequences for possession of the plant or the oil is more drastic than ever across the state of Texas – in some neighboring counties you could face the disparate consequences of a dismissal with a class completion in one county, or a guilty plea or felony trial in another.

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

MEXICO LEGALIZES RECREATIONAL COCAINE USE

The legal climate in Mexico right now has unexpectedly come out on the side of individual liberty and against the drug war, even as they spent billions of dollars fighting that drug war every year. One could argue that the legal system is in conflict with the political goals of the country in the drug war. The caveat to the ruling is that it only applies to use and possession and does not authorize transfer or sale – an interesting legal gymnastics that will likely be modified over time.

Advocates of the ruling like Lisa Sanchez of Mexicans United Against Crime have commented: “This case is about insisting on the need to stop criminalizing … drug users and designing better public policies that explore all the available options.”

On the political side – the opposition is obvious, with the Mexican government’s Federal Commission for the Protection against Sanitary Risk saying it will attempt to block the judge’s order, which was handed down earlier this year and first announced Tuesday.

On the legal side their is review as well, with a panel of judges set to review the ruling and decide whether it should be carried out.

In Texas, possession of cocaine is a felony offense if you are in possession of any detectable amount (even residue that cannot be weighed in a lab). Section 481 of the Texas Health and Safety Code regulates cocaine possession – with it being listed as a Penalty Group 1 substance.

You will sometiemes see cocaine possession as “PCS PG1” on court paperwork. The penalties for possession of cocaine in Texas are as follows:

  • Less than one gram: State Jail Felony (6mo – 2Y state jail).
  • 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
  • 4 to 200 grams: 2nd Degree Felony ( 2 – 20Y TDCJ)
  • 200 to 400 grams: 1st Degree Felony (5 – 99Y TDCJ)
  • More than 400 grams: 10 to99 years, or life

CATCH A DRUG CASE?

If you are accused of possession of cocaine or ANY controlled substance drug crime

Contact attorney Tristan LeGrande TODAY!

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

I will not answer any questions and I will not make any statement.

Seems simple enough, but the majority of clients that call me with a legal issue do so AFTER they have already spoken to the police, made a statement, or even given a recorded interview. This can seriously damage their defense – if you the police are investigating a crime and they either tell you that you are a suspect, you think you may have done something illegal, or you have any reason to think you might be suspected of doing anything illegal – DO NOT SPEAK TO THE POLICE AND DO NOT ANSWER ANY QUESTIONS.

As you probably already know, the right to remain silent is an important right. The 5th Amendment to the US Constitution acknowledges the right not to be compelled to offer evidence against yourself. The “Miranda” rights we are all familiar with hearing from television is a reflection of the Supreme Court recognizing this very important right. What you don’t say can’t hurt you. If you find yourself in a situation where the police want yo question you or have you make a statement, you need to calmly, but assertively, inform the officer (or agent, investigator, etc) …

  1. You will not be making any statement
  2. You will not be answering any questions
  3. If you are under arrest, you want to speak to a lawyer immediately.

Many people are intimidated when the police contact them and ask them to come in and answer questions or make a statement. Make sure you listen carefully to what the officer tells you – they are REQUESTING that you make a statement or answer questions. They will likely want you to sign something waiving the important rights I mentioned earlier. DO NOT DO IT.

One final important caveat is that you must ASSERT your right to remain silent if you are arrested. Simply staying quiet is not enough. If the police are asking you questions, you need to state simply “I am using my right to remain silent,” or something to that effect. Unfortunately, some cases have required this type of assertion to invoke all of your 5th amendment protections. See Salinas v. Texas, 133 S.Ct. 2174 (2013)

Before you even consider talking to the police, contact attorney Tristan LeGrande for a free consultation. If you have already been charged with a crime, don’t leave it up to chance! Hire an aggressive attorney with a track record of success!

LOCKED UP?

CALL LEGRANDE LAW!

281-684-3500

If you are accused of ANY CRIME, do not leave your future up to chance! You need an attorney with a track record of fighting criminal cases!

 Attorney Tristan LeGrande GETS RESULTS – CALL NOW – Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

http://www.legrandelaw.com
http://www.houstondrugattorney.net