This last election, Colorado and Washington voters approved of the legalization and recreational sale of marijuana. In total, 18 states have also legalized the use of medical marijuana. What benefits to people see in legalizing marijuana? Some believe this would make the court system run more efficiently and we could tax it. According to Texas Democrats that support the decriminalization of marijuana, 85 percent of all marijuana-related arrests made have been for mere possession. Many truly believe that holding a ban on marijuana use will give drug cartels and gangs more power. The legalization of marijuana debate seems like one that shows no signs of dying down in the near future.
The Texas Controlled Substances Act governs all of Texas, but particular jurisdictions have the ability to make particular policies. For example, local agencies in Austin have recently implemented a policy which states that those caught in possession of less than four ounces of marijuana can be arrested and then released immediately based upon a few determining factors. Those factors include possessing a valid driver license and having a clean record with no warrants outstanding. So far this year in Austin, there have been approximately 3,249 arrests for marijuana. This number is on pace to be somewhat less than the amount of arrests that occurred the previous year- 4,300.
Title 6 Chapter 481 of the Texas Health and Safety Code is the Texas Controlled Substances Act. Marijuana is classified as a Schedule I drug, which means that it is the most serious type of drug to be found in possession of, including other types of Schedule I drugs like meth and LSD. Schedule I drugs are considered the most serious because they have a high potential for abuse, but many believe that the currently accepted abuse rate of marijuana is questionable. In many Texas jurisdictions, it may be possible to get a drug possession charge dismissed or reduced if the amount in possession was small. Some individuals arrested for mere possession may be eligible for a drug rehabilitation program rather than imprisonment. Penalties will differ from case to case.
While Texas still has not decriminalized the use of marijuana, there is a defense against these charges. Having a marijuana conviction or prior offense on your criminal record can mar your reputation for the rest of your life. Many individuals convicted of mere marijuana possession may still face difficulties and embarrassment doing things like applying for jobs. To learn more about marijuana possession in Texas and in your particular jurisdiction, consult with a criminal defense and drug crime attorney near you.
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