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Marijuana Possession and Distribution Charges: Defend Yourself With Experienced Travis County Drug Lawyer Charles Johnson
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Marijuana Possession and Distribution Charges: Defend Yourself With Experienced Travis County Drug Lawyer Charles Johnson


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Austin Drug Lawyer, Austin Criminal Lawyer, Austin Marijuana Lawyer

Austin Drug Lawyer, Austin Criminal Lawyer, Austin Marijuana Lawyer

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  • 1. Marijuana Possession and Distribution Charges: Defend Yourself With Experienced Austin Drug Lawyer Charles Johnson Marijuana Possession and Distribution are not a minor matter in the eyes of law enforcement agencies and prosecutors. If you were arrested for marijuana possession or distribution, you may be charged with a state or federal misdemeanor or felony. Either way, it’s best to have a knowledgeable criminal defense attorney from The Charles Johnson Law Firm acting on your behalf. You have legal rights, and these rights will be protected by your defense attorney. The Charles Johnson Law Firm is one of the foremost criminal defense law firms in Austin in defending people from drug convictions, including the possession and sale of marijuana. Our unique strategy gives our clients the best opportunity to avoid criminal penalties, and our criminal defense law firm’s familiarity with drug laws, both felonies and misdemeanors, is unrivaled. We provide each client a high-quality legal defense that is superior. Austin Criminal Lawyer Charles Johnson can defend against any criminal drug charge in both federal and state courts, and our firm’s track record of success continues to grow.Hire the Best Austin Drug Lawyer: The Charles Johnson Law FirmCriminal Marijuana PenaltiesMarijuana possession and sale charges can be either misdemeanors or felonies, but both carry seriouspenalties. Jail time, heavy fines, probation, mandatory rehab programs and more are all possible penalties fordrug charges. Attorney Johnson’s finely tuned defense techniques have evolved from years of experience, andhe brings that knowledge and experience to those facing marijuana-related criminal charges.Marijuana PossessionOf all the marijuana laws in Texas, possession of marijuana may be the most unfair. It punishesotherwise responsible citizens merely for keeping some pot for personal use and who have no intention of everdoing anything hurtful with it or profiting from it. Nonetheless, it is an offense to possess, distribute orcultivate marijuana in Texas. Depending on the quantity, possession of marijuana can be charged as amisdemeanor of felony in both state and federal court. 1
  • 2. The prosecution may argue that you’re “in possession” of marijuana in Austin, TX, if you’re found smokingmarijuana or if you knowingly “exercised control” over the marijuana. Therefore, the location of the marijuanais very important:  If the marijuana is found on your person, in your car, in or around your home, in a storage unit belonging to you, or in any other place that you have some authority over, the prosecution will argue that you were in possession of the marijuana since you had some control over the location.  Furthermore, if marijuana is found in your system during a drug test or you were caught driving under the influence of marijuana in Texas, the prosecution may try to use that to prove you’ve been in possession of marijuana since you presumably “exercise control” over your body.Marijuana Possession Penalties in Texas  Two ounces or less include a fine up to $2,000, up to 180 days in jail or both  More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.  Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.  More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.  More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.  More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.Sale of MarijuanaVarious states have different marijuana laws, and Texas is no different. Texas treats marijuana sales as amuch more serious crime than possession, which is reflected in the penalties. The sale of any amount ofmarijuana can lead to prison time, even for small amounts.Sale of Marijuana Penalties in Texas  1/4 oz – 5 lbs: 6 months – 2 years, $10,000 fine  5 lbs – 50 lbs: 2 – 20 years, $10,000 fine  50 lbs – 1 ton: 5 – 99 years, $10,000 fine  1 ton or more: Mandatory minimum of 10 – 99 years, with a $100,000 fineThese are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or justjust giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that ispunishable by an additional 2 – 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feetof a youth center, public pool or video arcade increases the penalty classification to the next highest level(which in some cases is a difference of many years).The Austin Lawyer Charles Johnson understands the unique nature of Texas marijuana laws, andcan provide a skilled defense. His unparalleled knowledge of state and federal drug laws gives him aunique ability to provide excellent legal services for you and your loved ones. If you are in need of criminal 2
  • 3. defense legal representation in the Austin area,contact Attorney Johnson anytime day or night at 512-832-1200 to discuss your situation.What Is Marijuana?Cannabis sativa: There are two species of Cannabis. One species is Cannabis sativa, originally cultivated tomake hemp. The stalks of the plant contain fibers that are woven to make rope, cloth, and paper. The otherspecies is Cannabis indica, known for its psychoactive properties. Hashish is derived from Cannabis indica. InAfrica, cannabis is know as “dagga,” in China as “ma,” and in India as “ganga” or “bhang”. Marijuana is theMexican colloquial name for Cannabis sativa. Marijuana is a greenish-gray mixture of dried, shredded leaves,stems, seeds, and flowers of the hemp plant.THC is the main psychoactive ingredient in marijuana. THC or delta-9-tetrahydrocannabinol is found in theplant’s resin. The amount of THC determines the potency of the marijuana. The resin is mostly concentrated inthe flowers of the plant. Because of various cultivation techniques the amount of THC varies considerably inthe flowers of individual plants.Other Chemicals: Marijuana is a complex drug and is made up of 420 chemical components. Sixty-one ofthese chemicals are called cannabinoids and are unique to marijuana. Many scientific studies focus on theprimary psychoactive chemical, THC but don’t know how these other cannabinoids affect the various organs,brain, and behavior.Grades of Marijuana  Low-grade marijuana is made from leaves of both sexes of the plant.  Medium-grade marijuana is made of the flowering tops of female plants fertilized by male plants.  High-grade marijuana is made of the flowering tops of female plants raised in isolation to male plants. This marijuana is called sinsemilla because it does not produce a seed.  Hashish is produced when resin is collected from the Cannabis indica plant. The THC-rich resin is dried and then compressed into a variety of forms, such as balls, cakes, or cookie-like sheets. Pieces are then broken off, placed in pipes, and smoked or rolled into a cigarette along with tobacco or low-grade marijuana. The Middle East, North Africa, Pakistan, and Afghanistan are the main sources of hashish. THC content of hashish can vary from 8% to 20%.What are the Physical Effects of Marijuana usage?When marijuana is smoked, the affects are felt in minutes. The high usually peaks within a couple of hours.Marijuana affects users differently. The “high” can include a feeling of relaxation, improved sense perception,and emotional well-being. Music and visual images may seem more vibrant and intense. Time seems to slowdown. Some people experience physical hunger and a range of emotion from laughter to introspection.Marijuana does not always produce pleasant feelings and may cause paranoia and hallucinations. Emergencyroom visits have increased because some people feel anxious or fearful after smoking high-grade marijuana.Whether the marijuana is smoked or eaten, THC can remain in the body for days. About half the THC is in theblood 20 hours after smoking. Although the initial high has disappeared, physical and mental functions may beaffected for days. 3
  • 4. The physical effects of marijuana depend on many individual factors such as personal health, the time of daythat marijuana is used, the problems it causes, and how well a person is able to control his or her use.Research studies have shown that one of the primary concerns for those who use marijuana is cardiovasculardamage. Marijuana causes damage to lungs that is similar to that caused by cigarettes. For people who inhaledeeply or hold the smoke in their lungs longer, the risk can be greater. One study that compared cigarette andmarijuana smokers found that marijuana smokers absorbed five times the amount of carbon monoxide, andhad five times the tar in their lungs, as compared to cigarette smokers. For those who smoke both marijuanaand cigarettes, the damage can be exponentially greater than that caused by marijuana or cigarettes alone.Research shows that people who use marijuana more than one time during the day tend to have more socialand physical problems than those who only use in the evenings. Those who use at multiple times may also bemore likely to be smoking to avoid problems they feel unable to confront. A person who uses marijuana inaddition to alcohol or other drugs can be at additional risk. The effects of some drugs become exponentiallygreater when taken together. In addition, the physical tolerance that one drug produces can sometimes affectanother drug, and lead to dependence on multiple substances.Is Marijuana Addictive?While marijuana is not in the same addictive league as cocaine, heroin, and even alcohol, recent studies raisethe possibility that THC affects the level of dopamine in the brain. Dopamine is a chemical in the brain thataffects the pleasure circuits. Many addictive drugs cause the release of dopamine from the neurons. Onereport by the National Institute of Drug Abuse states that long-term marijuana use can lead to addiction forsome people. This report concludes that along with craving, withdrawal symptoms can make it hard for long-term marijuana smokers to stop using the drug. People trying to quit report irritability, difficulty sleeping, andanxiety.Drug ParaphernaliaTexas does not prosecute possession of drugs only. In fact, Texas will prosecute a person for possessionof drug paraphernalia. Thus, it is a separate criminal charge classified as a Class C Misdemeanor and typicallycarries a penalty of $500. Normally, if one is charged with a possession of controlled substance, then apossession of drug paraphernalia will be charged against the person, as well.Under federal law the term drug paraphernalia means “any equipment, product or material of any kind whichis primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing,processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlledsubstance.”Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, orconcealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine. Drug paraphernaliagenerally falls into two categories:User-specific productsUser-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. Theseproducts include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips,and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs. 4
  • 5. Dealer-specific productsDealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the streetlevel. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include anyitems traditionally used with tobacco, like pipes and rolling papers.With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see theappearance of “head shops,” which were stores that sold a wide range of drug paraphernalia. While some ofthe paraphernalia was crude and home-made, much was being commercially manufactured to cater to a fast-growing market. Enterprising individuals even sold items openly in the street, until anti-paraphernalia laws inthe 1980s eventually ended such blatant sales. Today, law enforcement faces another challenge. With theadvent of the Internet, criminals have greatly expanded their illicit sales to a worldwide market for drugparaphernalia. For example, in a recent law enforcement effort, Operation Pipedreams, the 18 companiestargeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually.Typically, such illicit businesses operate retail stores as well as websites posing as retailers of legitimatetobacco accessories when in reality the products are intended for the illegal drug trade.Identifying drug paraphernalia can be challenging because products often are marketed as though they weredesigned for legitimate purposes. Marijuana pipes and bongs, for example, frequently carry a misleadingdisclaimer indicating that they are intended to be used only with tobacco products. Recognizing drugparaphernalia often involves considering other factors such as the manner in which items are displayed forsale, descriptive materials or instructions accompanying the items, and the type of business selling the items.Marijuana-Related CrimesThe Charles Johnson Law Firm is experienced in marijuana-related matters involving:  Possession  Cultivation  Distribution  Paraphernalia  Search and seizure laws  Asset seizure  Search warrants, wiretapping and surveillanceContact the Best Austin Marijuana Possession and Distribution Lawyer: TheCharles Johnson Law FirmBefore someone can be convicted of marijuana possession in Austin, the state must prove that the accusedactually had possession or took action to control the drug. Drug possession cases are complicated and dependthe police’s adherence to strict guidelines concerning search and seizure of the drug.As you could be facing fines, probation, drug classes, community service, and jail, it is crucial that you speakwith an experienced Austin criminal attorney if you have been accused of this crime. Our team at the CharlesJohnson Law Firm is well-equipped to handle any type of drug crime, including those involving possession ofmarijuana and/or drug paraphernalia. We understand that mistakes can happen and not everyone who hasbeen accused of a crime is guilty. No matter how serious you may believe your case to be, contact Austin 5
  • 6. Drug Lawyer Charles Johnson directly by calling 512-832-1200 anytime, day or night to discussyour case.Posts Related to Marijuana Possession and Distribution Charges: Defend YourselfWith Experienced Austin Drug Lawyer Charles Johnson  What are Texas Laws on Marijuana Possession? Texas has a reputation as being extremely hard on drug use and possession, and it is well earned. Minor marijuana possession is not decriminalized in Texas, ...  The Best Austin Criminal Lawyer » Facing A Drug Distribution Case? Our approach to defending drug crime charges is successful because we aggressively defend our clients rights. Call Austin Criminal Lawyer Charles Johnson right now, anytime ...  Austin Drug Lawyer: Defending Accusations of Drug Trafficking in Criminal Courts Austin Drug Possession Lawyer Charles Johnson sees more criminal cases involving a drug charge than probably any other criminal offense aside from drunk driving. In times ...  Austin Criminal Lawyer: Best Defense For Illegal Prescription Drugs Charges A drug can be legal when prescribed by a doctor, yet it can be illegal when someone uses it without a valid prescription. If you ...  What Happens If I Am Stopped by the Police? When Will The Police Stop A Person? Generally, the police will stop a person for committing a traffic violation, for suspicion of being engaged in ...Original article may be found at:Marijuana Possession and Distribution Charges: Defend Yourself With Experienced Austin DrugLawyer Charles JohnsonAustin Lawyer Charles JohnsonSolving Problems...Every Day® Johnson Law Firm111 Congress, Suite 400Austin, TX 78701E-Mail: charlesjohnson@austinlawyer.comPhone: (512) 832-1200Toll-Free: (877) 308-0100 6
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