Texas Marijuana Penalties

[s_x_i]

One of my best friends called me this morning in a panic... her 21 year old son was arrested last night with weed, in what the police are calling "an undisclosed amount, greater than 4oz"

She's beside herself, and you guys are the only LEO's I know of, so maybe you can shed some light on what he's up against?

A quick google search shows me that in Texas 4oz to 1lb is a state felony, punishable by 180 days - 2 years in jail and a $10,000 fine, however, it goes on to say:

"With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. The judge can also waive all fines."

This is the kids first brush with the law, can any of you give me an idea of what fate is awaiting his dumb ass and how likely he is to be getting actual jail time?

Thanks guys.

 

[Iceman II]

Yes that is the correct punishment for over 4ozs. I would say since this is his first offense he will get probation along with a fine and have to attend some type of drug awareness class.
Guess it would depend on the city and how tough the District Attorney is? I would say if it happened in let's say Austin Texas. They may give him a slap on the wrist with probation for a year? Then you may have another city where he will get the book thrown at him.

 

[NA_Cobra]

Under what circumstances was he arrested? If there is no probable prior to incident to arrest, there is a good chance he could beat the case if he had a good attorney.

 

[svtcop]

Under what circumstances was he arrested? If there is no probable prior to incident to arrest, there is a good chance he could beat the case if he had a good attorney.

Stop posting please.

Iceman II hit it already, nothing else to say here.

'cept for Dope makes ya dumb!

 

[s_x_i]

It's in College Station... he was being a typical dumbass and having parties in his moms house while she's away on business (he's supposed to be house sitting) Police are called for noise, smell weed, search the house and find his stash. Some of my buddies I've asked say that 4oz is enough to be distributing it. I hope he wasn't selling, I figured he knew better.

Honestly, he's a good kid, but he's been needing a good swift kick in the ass for a while now. Hope this scares him back onto the right track.

 

[weems]

4oz is definitely enough to be distributing, especially in a college town.

 

[neatofrito1618]

Just out of curiosity, what is this kid's first name?


I lived in College Station from 12/10-01/12 and my roomates were daily pot smokers, so I've naturally seen/heard of quite a few dealers in the BCS area.

With that said, if he has over a quarter pound you can almost guarantee he's selling. He might not be a regular "dealer" and just sell to his close friends, but one way or another it's extremely doubtful it's for personal use.

 

[cohhbra]

'cept for Dope makes ya dumb!

Did you know that most all of the founding fathers smoked...yea real dumb guys there. Weed does not make you dumb, it causes some loss of motivation, being dumb is what makes you dumb. There are a lot of dumb people who happen to smoke because they have nothing to lose by it such as jobs. Hell, even our own president claims to have smoked in college and hmmmmm he graduated top of his class, yea he's real dumb too (this is not a political statement, I did not vote for him but just saying). The fact it's illegal is beyond illogical, ask any honest person who has tried it, they tell you what it REALLY is. I will compromise and say it should be a ticket and seizure and nothing more. After all, there is someone out there who just can't handle themselves with anything.

But yes, intent to distribute, not good. A good attorney will help this but by now I'm guessing he's fully admitted to it to the police meaning it is only up to the judge as to how he's punished. This will depend on the local populations outlook on it typically, where I'm from, a first offense for marijuana is a slap on the wrist that costs you some money.

You may begin your disagreement now...

 

[RDJ]

Did you know that most all of the founding fathers smoked...yea real dumb guys there. Weed does not make you dumb, it causes some loss of motivation, being dumb is what makes you dumb. There are a lot of dumb people who happen to smoke because they have nothing to lose by it such as jobs. Hell, even our own president claims to have smoked in college and hmmmmm he graduated top of his class, yea he's real dumb too (this is not a political statement, I did not vote for him but just saying). The fact it's illegal is beyond illogical, ask any honest person who has tried it, they tell you what it REALLY is. I will compromise and say it should be a ticket and seizure and nothing more. After all, there is someone out there who just can't handle themselves with anything.

But yes, intent to distribute, not good. A good attorney will help this but by now I'm guessing he's fully admitted to it to the police meaning it is only up to the judge as to how he's punished. This will depend on the local populations outlook on it typically, where I'm from, a first offense for marijuana is a slap on the wrist that costs you some money.

You may begin your disagreement now...

kinda like you posting in the donut shop

 

[svtcop]

Did you know that most all of the founding fathers smoked...yea real dumb guys there. Weed does not make you dumb, it causes some loss of motivation, being dumb is what makes you dumb. There are a lot of dumb people who happen to smoke because they have nothing to lose by it such as jobs. Hell, even our own president claims to have smoked in college and hmmmmm he graduated top of his class, yea he's real dumb too (this is not a political statement, I did not vote for him but just saying). The fact it's illegal is beyond illogical, ask any honest person who has tried it, they tell you what it REALLY is. I will compromise and say it should be a ticket and seizure and nothing more. After all, there is someone out there who just can't handle themselves with anything.

But yes, intent to distribute, not good. A good attorney will help this but by now I'm guessing he's fully admitted to it to the police meaning it is only up to the judge as to how he's punished. This will depend on the local populations outlook on it typically, where I'm from, a first offense for marijuana is a slap on the wrist that costs you some money.

You may begin your disagreement now...

:lol:

What's your excuse then?

 

[Monster Mach]

One of my best friends called me this morning in a panic... her 21 year old son was arrested last night with weed, in what the police are calling "an undisclosed amount, greater than 4oz"

She's beside herself, and you guys are the only LEO's I know of, so maybe you can shed some light on what he's up against?

A quick google search shows me that in Texas 4oz to 1lb is a state felony, punishable by 180 days - 2 years in jail and a $10,000 fine, however, it goes on to say:

"With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. The judge can also waive all fines."

This is the kids first brush with the law, can any of you give me an idea of what fate is awaiting his dumb ass and how likely he is to be getting actual jail time?

Thanks guys.

Were the parents rich? A 1/4 is 1200 of headies... or like 500 of middies but still why so much schwag

Sent from my DROID2 GLOBAL using Tapatalk

 

[rubicon04]

Did you know that most all of the founding fathers smoked...yea real dumb guys there. Weed does not make you dumb, it causes some loss of motivation, being dumb is what makes you dumb. There are a lot of dumb people who happen to smoke because they have nothing to lose by it such as jobs. Hell, even our own president claims to have smoked in college and hmmmmm he graduated top of his class, yea he's real dumb too (this is not a political statement, I did not vote for him but just saying). The fact it's illegal is beyond illogical, ask any honest person who has tried it, they tell you what it REALLY is. I will compromise and say it should be a ticket and seizure and nothing more. After all, there is someone out there who just can't handle themselves with anything.

But yes, intent to distribute, not good. A good attorney will help this but by now I'm guessing he's fully admitted to it to the police meaning it is only up to the judge as to how he's punished. This will depend on the local populations outlook on it typically, where I'm from, a first offense for marijuana is a slap on the wrist that costs you some money.

You may begin your disagreement now...

What does any of that whole first paragraph have to do with the question the Op posted ?

That being said your very misinformed on the subject, so i will correct you. The facts known by historians are that Washington and Jefferson were hemp farmers and seed traders.They actually werent even very good at it. There is no concrete evidence that either was a habitual smoker. Most of the quotes that people cite as evidence have appeared in recent years and can't be found in eithers original notes or journals. While im sure they indulged at some point there was no negative stigma attached at that time, so it was really nothing of importance to write about.

Now for your question OP. The first step i would take if i were your friend, Have my son keep his mouth closed without an attorney present. Next contact a NORML ( NORML.org - Working to Reform Marijuana Laws ) associated lawyer asap, as they are generally the best for these issues.

Here is a list of NORML lawyers for Texas.

Texas Lawyers

I would reasearch which one best suits the situation at hand.

Keep in mind there is always the possibility of him working with LE as they always want the bigger fish.

 

[oldmodman]

Lets just get it over with and legalize it.

Fewer people in jail.

Mexican dope smugglers out of business. Maybe.

More money in the Government tax coffers. For sure.

Less police, DA, and court time wasted on this BS. A lot less.

I'd rather have a dope smoker approaching the intersection I'm about to drive through than a drunken boozed out driver, but booze is legal. And I bet booze damages more lives than dope.

And no, I don't smoke it. Not in the last 30 years.

But when I did 4oz would just be enough to get the party started.:banana:

 

[Lawfficer]

Did you know that most all of the founding fathers smoked...yea real dumb guys there. ...

Awesome facts....

Did you know that most all of the founding fathers had slaves and assisted in killing of thousands of Native Americans?? Maybe we should make that legal?

 

[FordSVTFan]

Lets just get it over with and legalize it.

Fewer people in jail.

Mexican dope smugglers out of business. Maybe.

More money in the Government tax coffers. For sure.

Less police, DA, and court time wasted on this BS. A lot less.

I'd rather have a dope smoker approaching the intersection I'm about to drive through than a drunken boozed out driver, but booze is legal. And I bet booze damages more lives than dope.

And no, I don't smoke it. Not in the last 30 years.

But when I did 4oz would just be enough to get the party started.:banana:

True, legalizing and taxing it would fully fund medicare and social security besides greatly reducing the jail population and associated expenses with prosecution and arrests.

 

[Monster Mach]

True, legalizing and taxing it would fully fund medicare and social security besides greatly reducing the jail population and associated expenses with prosecution and arrests.

For the first time I agree with you

Sent from my DROID2 GLOBAL using Tapatalk

 

[cohhbra]

Did you know the legalization of it would not take away from anyones right to life, liberty, or the pursuit of happiness? That's the difference bud.

Awesome facts....

Did you know that most all of the founding fathers had slaves and assisted in killing of thousands of Native Americans?? Maybe we should make that legal?

 

[THE_EVIL_TW1N]

Did you know the legalization of it would not take away from anyones right to life, liberty, or the pursuit of happiness? That's the difference bud.

somewhat... we have pot clubs all over the city and the majority are OK with them. But we get calls ALL THE TIME of people complaining of pot heads due to the stench when they smoke. Complaints sure don't sound like happiness.

Maybe they need to legalize pill/consumable products instead of smoking.

 

[RDJ]

Maybe they need to legalize pill/consumable products instead of smoking.

which is why I invested in CBIS

 

[FordSVTFan]

For the first time I agree with you

Oh happy day for me. :shrug: