All across the country, marijuana laws are slowly relaxing. Some states have decriminalized marijuana for medical use. Others have even decriminalized recreational use. Texas is moving toward more relaxed laws, but much of that shift is unintentional and, while the penalties for possession have been slightly reduced, the Lone Star State is still not really marijuana-friendly. What should you know if arrested for possession of marijuana (POM) in Texas?
Your Case Might Be Thrown Out
Depending on the specifics of your case, it might be thrown out by a judge, particularly if you have skilled legal counsel able to argue on your behalf. This is due to an agricultural law that was passed in Texas, allowing the growing of low-THC cannabis, also called hemp. This law is creating unintentional benefits for those facing marijuana-related charges in that hemp is identical to marijuana in appearance and odor, so law enforcement officials cannot tell with a simple visual examination if a particular substance is one or the other.
Many counties in Texas have chosen to no longer prosecute low-level cannabis cases because of this situation. However, that is not true across the entire state. Some counties have decided to completely ignore the complications created by agricultural laws and continue to pursue even minor marijuana cases aggressively. Also, felony-level cases are evaluated on an individual basis.
Circumstantial Evidence Plays a Larger Role
Because hemp and cannabis cannot be told from one another without in-depth, expensive testing, law enforcement is relying more and more heavily on circumstantial evidence in the cases prosecuted. However, this reliance is a two-way street, because a skilled Texas criminal defense attorney can fight to have circumstantial evidence disqualified in many cases.
Increased Medical Acceptance
Texas also ushered in new legislation concerning the use of marijuana to treat medical conditions. The new law broadens the list of acceptable applications for medical patients, including multiple sclerosis and cancer.
If you’re facing a possession of marijuana charge, it can be daunting not knowing what’s coming next. Even minor cases may still be prosecuted depending on the county in question, and you cannot depend on seemingly minor charges to be dismissed. Contact the Blacknall Law Firm to schedule a no-obligation consultation on your case. You can reach us at 214-678-9111.