Possession of Marijuana
What if a drug dog was used for probable cause?
Will I Go To Jail?
May I Lose My Driver License?
If I Lose My License May I Obtain A Restricted
License?
Will the Charge A Misdemeanor or Felony?
What Is the Penalty For Selling Marijuana?
What if a drug dog was used for probable cause?
The use of Drug Dogs – Facts you need to protect your Constitutional
Rights
A growing trend in the “War on Drugs” is the use of drug dogs to alert
on a vehicle or house, which allegedly provides law enforcement with
“probable cause” to search.
It is very important to understand your CONSTITUTIONAL RIGHTS:
You have the right to NOT consent to the search.
You have the RIGHT to NOT waive any of your rights with law enforcement.
Drug dog and their handlers must be properly trained, adhere to strict
procedures during the search and maintain records of each search
concerning the dog and its handler’s success/failure rate.
Under civil forfeiture, the seizure of the your car, money, real estate
and other valuables can happen should the drug dog alert and uncover the
presence of an illegal substance.
I am often consulted by people victimized in searches performed by drug
dogs and their handlers.
Know and protect your Constitutional Rights – this could help mitigate
criminal and legal issues that can arise from warrantless searches.
Will I Go To Jail?
Everyone arrested for Possession of Marijuana stands
a good chance of going to jail at the time of arrest.
However, in some cases, a person may be released on the
scene if it is a small Class "C" misdemeanor possession
of drug paraphernalia. Once the case is disposed of at a
later date, a jail sentence is a possibility depending
on the facts in the case.
Each case is different and many factors are involved
concerning what may happen; however, for a typical first
time misdemeanor Possession of Marijuana, a jail
sentence is not the normal outcome.
May I Lose My Driver License?
If your case is not dismissed or you do not obtain
deferred adjudication probation, you may lose your
license for 180 days if you are over 21. If you are
under 21, you may lose your license for one year.
If I Lose My License May I Obtain A Restricted License?
Yes. Your lawyer may obtain a Occupational Drivers
License that will allow you to drive for twelve
hours per day.
Requirements for Occupational License...
| PROGRAM NAME |
LENGTH OF SUSPENSION |
NUMBER OF MEETINGS |
MEETING TIME |
AMOUNT CHARGED |
Mental Health
Resource Center
(2 Locations, Conroe and New Caney) 936-494-4358 |
3 Months
6 Months or One year
Two Years |
Once weekly for
first 4 weeks
Once weekly for first 18 weeksOnce weekly for first 24
weeks |
Tues. and Thurs. 6:00, 6:45, and 7:30 P.M.
Sat. 8:00 A.M. and, 9:00 A.M. |
For all classes: Group $10.00 per meeting
Individual $50.00 per meeting |
| Conroe
Alcohol/Drug Services S.Frazier St.,Conroe
936-539-4558 |
3 Months
6 Months or One year
Two years |
Once weekly for
first 4 weeks
Once weekly for first 18 weeksOnce weekly for first 24
weeks |
Weds. 6:00 P.M.
Sat. 8:00 A.M. |
Group $10.00 per meeting |
| Forensic
Psychological Services N.Thompson, Conroe
936-539-2226 |
3 Months
6 Months or One year
Two years |
Once weekly for
first 4 weeks
Once weekly for first 18 weeksOnce weekly for first 24
weeks |
Weds. 9:00 A.M., 5:30 P.M.
Thurs. 6:00 P.M.
Sat. 9:00 A.M. |
Group $25.00 per meeting |
Will the Charge Be A Misdemeanor or Felony?
Possession Of Marijuana Penalties are based on the
amount as follows:
- 2 ounces or less: Class "B"
Misdemeanor
- 2 - 4 ounces: Class "A"
Misdemeanor
- 4 ounces - 5 pounds: State
Jail Felony
- 5 Pounds to fifty pounds:
Third Degree Felony
- 50 pounds to 2,000 pounds:
Second Degree Felony
- 2,000 pounds plus: First
Degree Felony
What Is the Penalty For Selling Marijuana?
The penalty is more severe than for a simple
possession. Selling more than one-forth ounce of
marijuana is likely a felony charge.
Gilbert G.
Garcia, has practiced Criminal Law since 1978 and has
been Board Certified in Criminal Law since 1989. The
Gilbert G. Garcia Law Firm is the logical choice to
represent you in your criminal case, providing the
quality legal services you deserve in your most
important matters.
Free
initial consultations and reasonable fees.
Personal payments plans available and most major credit
cards accepted. Many issues are able to be handled
via e-mail, phone calls and fax and after hours and
weekend appointments are available upon request to meet
the needs of each client.
Conveniently located on the
Montgomery County Courthouse square since 1983.
