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)

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

Who gets charged when the drugs are found in a vehicle with mutual access?

Good question.  Here’s a lawyer answer: it depends.  (Please read on, regardless…they must be able to affirmatively link you to the controlled substances or other contraband they want to charge you with).

OK…now I’m charged for Drug Possession, BUT THEY’RE NOT MY DRUGS!  How do they prove Possession?

Another good question, you’re on a roll.  Under the Texas Health and Safety Code, possession is defined as “care, custody, control or management,” of the controlled substance at issue.

MANY PEOPLE plead guilty to drugs that cannot be linked to them. 

It is CRUCIAL to consult with an attorney that is an expert in possession.

CALL Attorney Tristan LeGrande of LeGrande Law!

So How do they prove Possession anyway?

Possession– actual care, custody, control, or management.  TX Health & Safety Code Sec. 481.002(a)(38).

• Driving vehicle where drugs found insufficient – you must prove: “affirmative links“:
  • State must prove the defendant exercised actual care, custody, control, or management over the contraband and (2) knew the object he possessed was contraband. Linton v. State, 15 S.W.3d 615, 619 (Tex.App.–Houston [14th Dist.] 2000, pet. ref’d).
  • Affirmative Links may be proved by circumstantial evidence, such evidence must affirmatively link the defendant to the offense, so that one may reasonably infer the defendant knew of the contraband’s existence and exercised control over it. See McGoldrick v. State, 682 S.W.2d 573, 578 (Tex.Crim.App.1985).
• “Affirmative links“ between the appellant & contraband include:
  • (1) appellant’s presence when the contraband was discovered;
  • (2) whether the contraband was in plain view;
  • (3) appellant’s proximity to and accessibility of the narcotic;
  • (4) whether the appellant was under the influence of narcotics when arrested;
  • (5) whether appellant possessed other contraband when arrested;
  • (6) whether appellant made incriminating statements when arrested;
  • (7) whether appellant attempted to flee;
  • (8) whether appellant made furtive gestures;
  • (9) whether there was an odor of the contraband;
  • (10) whether other contraband or drug paraphernalia was present;
  • (11) whether the place where the drugs were found was enclosed; and
  • (12) whether appellant owned or had the right to possess the place where the drugs were found.

Chavez v. State, 769 S.W.2d 284, 288-89 (Tex.App.–Houston [1st Dist.] 1989, pet. ref’d).

So what does this mean??  It means you should not even consider pleading  guilty to drug possession charges unless they were your drugs.  Just because you are in the car with someone that is holding, does not mean you can be charged with possession of the drugs they have on them!

If charged with possession of marijuana or possession of a controlled substance, DO NOT PLEAD GUILTY – Instead, contact LeGrande Law…we have a track record of winning drug possession cases!

LEGRANDE LAW WINS DRUG POSSESSION CASES

If you are accused of any drug crime, including Possession of THC Concentrate, or other controlled substances, 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

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

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

When Oregon voters approved Measure 91 in November 2014, legalizing recreational marijuana possession, they left the job of writing rules for pot shops to the Legislature and the state liquor control agency, which so far haven’t gotten it all figured out.  So come July 1, users won’t have a legal way to buy what they can use legally.

In 1973 Oregon was the first state to impose lighter sanctions for small amounts of marijuana, what many refer to as “decriminalizing” it.  By 1998 Medical Marijuana was legal in the state.  Then, in November 2014, voters approved Measure 91 by 12 percentage points, 56-44.  This was a measure legalizing recreation marijuana

SO WHEN THE HELL ARE THEY GOING TO MAKE IT LEGAL TO SELL WHAT IS ALREADY LEGAL?

The Oregon Liquor Control Commission is writing rules for growing and selling legal pot. It plans to accept applications from prospective farmers January 1, 2016. Retail sales could start in early fall. Last week, the Legislature’s joint marijuana committee voted to start retail sales sooner, by Oct. 1 this year, by going through the existing medical marijuana dispensaries, now more than 300 strong. Legislators say it will take a few months to write rules for the medical dispensaries to sell to non-patients, but the fall crop should be in by Oct. 1, ensuring enough for recreational and medical customers alike.

SO WHO IS NEXT?

A legal pot measure will be on the ballot next year in Nevada.  The national advocacy organization NORML reports there are plans or hopes for 2016 initiatives in four to six more states. In California proponents hope that shifting opinion and the presidential election will attract young voters. Votes are also possible in 2016: Maine, Massachusetts, Michigan, Arizona, and Missouri.

Many people may not realize this because it snuck under the radar, but so is the case in our nations capital, Washington DC.  You can possess it, but you can’t sell it.  So in theory, the politicians that rail against legalizing marijuana could step outside the doors of congress and blaze up a fatty on their way home.  Hypocrisy much?

POT IS STILL ILLEGAL IN TEXAS

IF YOU ARE CAUGHT WITH POT – CALL LEGRANDE LAW!

If you’ve been accused of an offense involving Marijuana (possession of Marijuana)

or any drug crime,  contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

At the same time, illicit drug use had began to increase, reaching an apex around the time the drug war began in 1971 when President Nixon named it public enemy #1.  I will get back to the drug war later, but suffice to say, once it reached its appex, drug use has continued at almost the same level ever since, despite billions of dollars and millions of lives being wasted in its wake.

This staple of american culture continued to be prevalent into the 1980’s.  In the 1980’s smoking was still allowed almost everywhere, including airplanes, and I am told law students in Texas taking the bar exam could even smoke DURING the exam in a designated smoking exam room.

But something happened with tobacco use.  Did the reduction in tobacco use come from making it illegal?  Hardly.  It went down and has continued to go down steadily for two reasons:

1. Education     &     2. Regulation

Tobacco use declined primarily because of regulation of its sale and distribution, as well as educating the public on the health risks associated with tobacco use.  Use declined steadily as regulations increased and public education campaigns began to permeate american society.  These regulations included where it could be marketed, where it could be sold, how it could be sold (and penalties for sale to minors), and taxes on tobacco companies.  Use experienced a momentary spike in 1989 among high school students, but smarter regulation and education brought use back in a decline around 1995.

There is no debate now over whether smoking has adverse health consequences.  It is essentially public knowledge that diseases and early death rates have a direct connection with smoking.  However, the government did not respond by making it illegal.  Government recognized that it was impossible to remove from the fabric of our society and used what they could utilize to bring usage rates down.  No more smoking on airplanes, most bars and restaurants, and in some large cities (Like New York City) you can be ticketed for smoking in a public place.

We have taught kids about the dangers of smoking without insulting their intelligence.  This actually means a lot.  We didn;t tell kids: JUST DON’T SMOKE.  We told kids WHY.

Spending on the drug war has ballooned over the last 50 years, but the usage of drugs has not.  More troubling, the incidence of drug induced deaths has increased every year until 2006, when it plateau.  The vast majority of the drug induced deaths don’t come from heroin, cocaine, or hallucinogens like ecstasy, but from pharmaceuticals.

People are fearful that de-criminalizing illicit drugs would lead to a kind of anarchy of sorts.  Use would spiral out of control.  But it would not if we invested enough in its regulation, education, and rehabilitation programs.

Now how about the billion dollar black market.  Criminal organizations control drugs right now and they do a pretty good job of distributing their product despite how much money we throw at fighting them.  Cartel profits are up, and they ruthlessly murder to maintain control over their market share.

Just using marijuana as an example,

countries that have more liberal laws concerning its use have a lower percentage of youth that use it.  When looking at the percentage of kids 11, 13, and 15 that report using marijuana within the last year, the United States leads the pack with 22%, when compared to Portugal, 10% (broad decriminalization of all drugs) and the Netherlands 17% (legalized marijuana use).

I remember when I was in high school it was much easier to acquire marijuan than it was to acquire alcohol, or even cigarrettes.  This may be an annectdotal example, but it is telling.  The reason?  If I wanted to get a hold of the legal and regulated substances, I had to go through the normal channels.  This meant a baby faced kid trying to either pass off a fake ID and risk arrest or convincing some dim-wited adult to buy it for me and my friends. Not so for marijuana.  It was un-regulated – or put another way, it was regulated by those that did not care who was buying it, and supply was aplenty.

One remaining catastrophic consequence of our current drug policy is the human cost.  Families have been destroyed.  Mothers and fathers are ripped out of their homes.  A generation of youth at or below the poverty line grows up with a fractured family.  You see, because although the drug war has not led to a reduction in drug USE, it has led to an increase in drug CONVICTIONS.

Of that bloated prison population the percentage of people in prison for non-violent drug offenses is staggering.

Isn’t it about time we started considering other options?  We have spent almost 45 years fighting the drug war to no avail, use is unchanged.  Criminal organizations are growing increasingly powerful and well funded.  Families are paying the price of the drug war with more and more people incarcerated on drug crimes every year.

Let’s get smart on drugs – the tough on crime approach to drug policy is a failure.

Currently, Possession of a usable amount of marijuana less than 2 ounces is a Class B Misdemeanor punishable by up to six months in jail time and a $2,000 fine. The new proposal would mean being issued a $100 ticket, similar to a parking violation.  However, possession of larger amounts would still lead to criminal penalties. The measure would make Texas the 20th state plus the District of Columbia to remove the threat of jail time for the possession of small amounts of weed.

The bill is backed by the Marijuana Policy Project (MPP), the pro-legalization group that spearheaded the passage of Colorado’s historic legalization measure. The bill is also the first in a series that the MPP expects to be introduced in Texas this year, the next attempting to legalize medical marijuana and the third attempting to legalize recreational marijuana.

The subsequent legislation is highly unlikely to be passed, not with the staunch old-school Republican-controlled legislature. Texas Governor Rick Perry has gone on record with an erroneous commentary with regard to decriminalization of marijuana: the state has “kind of done that.” In 2007, Texas passed a measure giving local governments the power to respond to marijuana possession with a summons rather than an arrest, but few counties have adopted it and someone issued a summons may still end up in jail.

I admire the ambitiousness of the legislation, but sadly, it is probably just for show.  As I have said before, there simply is not widespread legislative support for legislation such as this.  Movement in this area of the law (at least in this state) will be slow.  I am not discounting that this is a positive step – I am merely asserting skepticism at the likelihood of its success.  Medical Marijuana…RECREATIONAL marijuana…in TEXAS?  Not likely.  Not anytime in the near future anyway.  Texans will still have to take a roadtrip to Colorado to get stoned without the man being there as a buzzkill.

Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, another pro-legalization group, says that Texas is in a tier of states that are the least likely to ease marijuana restrictions. These “third tier” states, he says, are ones in which “the legislature has never shown any want to move in this direction and/or there is an executive at the top who is going to oppose and veto any reforms.”

What about popular support…? Well, 61% of Texas residents would support a penalty reduction like the one Moody is proposing, while 58% would support the legalization of medical and recreational weed.

At a press conference on Monday, Moody was joined by representatives from other groups who support the bill, such as the ACLU of Texas and Republicans Against Marijuana Prohibition. Support from such libertarian-leaning conservatives will be crucial in the heavily Republican state.

“Texas doesn’t seem to be ready for a full legal market,” acknowledges Heather Fazio, a representative for MPP in Texas. “That doesn’t mean that the conversation shouldn’t be happening.”

CAUGHT WITH POT?

If you’ve been accused of an offense involving Marijuana (including possession of Marijuana)

or any drug crime,  contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

A Maryland high school student was arrested after sharing a marijuana infused brownie with his teacher.  She obviously could not hang (not to mention she had no idea she was high) and was taken to the nurse’s office after she reported feeling ill and acting disoriented.  From there, an ambulance was called. The student admitted to giving his teacher a piece of the brownie; reports claim he confirmed marijuana was in his special confections.

Reports claim the students story is that he didn’t inform her that it was a marijuana-infused edible because he was “scared and panicked.”

Student Will Face Two Charges for His Culinary Caper

Interestingly, Maryland is a jurisdiction which has decriminalized possession of small amounts (less than 10 grams) of marijuana.

His Charges? 

(1) Administering and distributing the marijuana to his teacher and his girlfriend.

He could face up to five years in prison for just these drug charges.

(2) Assault and Reckless Endangerment

Under Maryland law, a person may be found guilty of 2nd degree Misdemeanor Assault by intentionally causing “any impairment of physical condition” to another person. I suppose it could be argued this would include getting your teacher baked on weed-brownies.

Reckless endangerment requires that a person “engage in conduct that creates a substantial risk of death or serious physical injury to another.” This seems like a real stretch, I can’t see a jury thinking getting a little high is a serious physical injury.

All charges filed against the teen were juvenile citations, meaning he and his family will be working out the charges in Juvenile Court.  In Texas, he would be tried as an adult (17 is an adult under Texas law).

MARIJUANA CHARGES?

If you’ve been accused of an offense involving Marijuana (including possession of Marijuana)

or any drug crime,  contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande