But it was just weed…

Many people have run afoul of criminal laws with marijuana. Young people, celebrities and even U.S. Presidents have an experience with using marijuana. So it is no big deal right? Not so fast. I will focus on the consequences of a conviction for misdemeanor possession of marijuana. Notice that if you give some to a friend or sell it, we are talking about much more serious consequences.

America’s alcohol prohibition lasted 13 years, filled the country’s prisons, inspired contempt for the law among millions, bred corruption and produced Al Capone. What it did not do was keep Americans from drinking.

America’s marijuana prohibition has lasted much longer. It has created a huge underground industry catering to users, helped the U.S. prison population balloon into the world’s largest, and diverted the resources of American law enforcement. What it has not done is keep Americans from using marijuana.

On the contrary: Since 1937, the year marijuana was outlawed, its use in the United States has gone up by 4,000 percent, according to the Marijuana Policy Project, a Washington-based lobby group which advocates regulating the drug similar to alcohol. p of the list. Marijuana prohibition fails to produce intended results. Total US marijuana arrests increased 165% during the 1990s, from 287,850 in 1991 to 755,000 in 2003. Texas (51,563 marijuana arrests) The private costs of these policies have escalated as well with some 700,000 people arrested annually. The social costs, though, also include demographic impacts and their effect on society. Marijuana possession and sales arrests disproportionately impact young males between the ages of 15 and 24 as well as black adults, an impact that has likely intensified as marijuana arrests have increased. However, these increased arrest rates have not been associated with a reduction in marijuana use, reduced marijuana availability, a reduction in the number of new marijuana users, reduced treatment admissions, reduced emergency room mentions of marijuana, any reduction in marijuana potency, or any increases in the price of marijuana.

Consequences of a Marijuana Possession Conviction

In Texas a person who knowingly or intentionally possesses a usable quantity of marijuana has violated the law. The penalties are graduated by the amount possessed. If you have two ounces or less it is a Class B misdemeanor. You can receive up to 180 days in county jail and a fine up to $2,000.00. The jail time is what most people worry about. While possession of less than 4 ounces is “only” a misdemeanor, unfortunately, marijuana convictions carry with them several oppressive consequences, above and beyond what a judge may sentence you to. 

First, the good news: while possession of even the smallest usable quantity of marijuana is a Class B misdemeanor, it is unlikely that a first arrest for possession of marijuana will result in jail time. Still, some lawyers make it seem like jail is a likely result.  Personally, I suspect that this is to convince potential clients that they have worked some sort of a miracle by getting an agreement for probation.  Of course, I need to add all the usual lawyer language here and say what you already know: it would be unethical for me to promise a certain result, or guarantee a specific outcome in any case.  But, I think it’s important to note that very few people are sentenced to jail for a first time marijuana possession charge in Texas.  Most of my clients have never been arrested before, for anything, and are deathly scared when they first come to see me about the likelihood that they will have to go back to jail.  Relax, let me do the worrying. I promise to take excellent care of you and protect you from any surprises.

Having said that, here’s the bad news:  a conviction for possession of marijuana that results in “no jail time” sentence will usually come with a fine and some community service-And a permanent criminal record. Now let me explain the hidden consequences of this conviction. You now have a criminal conviction on your record that can not be removed. It will follow you the rest of your life. Every time you apply for a job, you will be asked if you have ever been convicted of a crime and you will have to answer “yes” and explain. Many apartment complexes will not lease to people with a drug conviction. If you want a job with any government agency or that requires a security clearance, which is probably going to be much more difficult to get now. These are some of the social consequences.

By creating fear of jail time, many lawyers persuade their clients that probation is a good deal and often don’t mention that their license will be suspended and they will have a permanent NEVER GO AWAY CRIMINAL RECORD. I always tell my clients that the real punishment when being convicted of marijuana possession is… the conviction itself.  Convictions literally stay on your record forever.  All future employers will be able to see it (not to mention friends, family members, nosy neighbors and apartment leasing agents, school officials everyone.)

What are the legal consequences in addition to possible jail time and fines? If you are an adult say goodbye to your Texas driver’s license for 180 days. If you are a minor, it is gone for one year. You may lose your right to receive or continue to hold a business or professional license issued by the state. You can not possess a firearm for five years following your release from probation and you may not obtain a concealed weapon license. If you are an alien, you are possibly going to be deported. Yes, you will lose these rights even if the offense was committed nowhere near a vehicle.

Call Gene Beaty for assistance with your Possession of Marijuana offense.  972-636-1247 or 817-840-9008