Medical Marijuana in Houston, Texas
Houston Drug Crimes Attorney
First of all there is no such thing as Medical Marijuana in the State of
Texas. There is no allowance in Texas law for medical marijuana. Even
if you obtained your
marijuana with a valid prescription from one of the states that has legalized medical
marijuana, you may very well face the penalties for illicit marijuana
use in Texas. In other states, you can use "affirmative defense"
of medical necessity. This is true even if you are not in a registry or
have more marijuana than you were prescribed. Not so in Houston. Back
in 2009, and again this year, Texas lawmakers never even proceeded to
vote on a law that would have established an affirmative defense of medical
Even so, a medical necessity defense has been used before, but this can
be extremely difficult to pull off. It requires a lawyer proving that
it was necessary to technically break the law to prevent worse damage
from befalling. It can be argued, however, that marijuana has helped with
severe and chronic conditions, such as severe nausea, insomnia, and more.
While Texas law may not formally provide for this, a jury can be made
to see that this is the case with the help of a qualified Houston marijuana
Potential Penalties for Possession of Medical Marijuana
When charged with use of medical marijuana, you are likely to be facing
the exact same charges for
marijuana cultivation or possession that you would have faced without a prescription. Below
are some of the penalties for a simple charge of marijuana
2 ounces or less is a
misdemeanor, which can lead to 180 days jail and up to $2,000 in fines.
2 to 4 ounces is a
misdemeanor that entails up to a year in jail and up to $4,000 in fines.
4 ounces to 5 pounds is a
state jail felony. This can mean being sentenced to 180 days up to 2 years in jail and being
fined up to $10,000.
5 to 50 pounds of marijuana is a
third degree felony, punishable by 2 to 10 years in prison and $10,000 in fines.
50 to 2000 pounds is a
second degree felony, which can entail 2 to 20 years in prison as well as $10,000 in fines.
More than 2000 pounds is a
first degree felony, meaning up to $50,000 in fines as well as 5 to 99 years in prison. Someone
could even get a life sentence.
A normal stash of medical marijuana can easily be enough to land you a
state felony charge. This means that if you have brought over marijuana
that you legally obtained in another state, you could still face time
in jail, thousands in fines, as well as life branded as a convicted felon.
This stain on your record has the potential to be the most serious consequence
of an undeserved conviction. Bankers, landlords, and employers are just
some of the people who have access to your personal record. If a felony
appears on your background check, this can thwart your every loan, housing,
and job application. A false conviction could mean severely diminished
opportunities in life. You should not let following a prescription turn
into a felony conviction. You deserve hard-hitting defense that can clear
Aggressive Defense from a Houston Marijuana Lawyer
Attorney Mark Morasch has
more than 15 years of legal experience. This includes years spent as a prosecutor. Now as a lawyer
defending drug charges, he fully understands what you are going up against, and he can anticipate
the prosecution as he works on your case. Mark Morasch may be able to
provide the tenacious defense you need to safeguard your freedom and future.
As he understands that emergencies can occur at any moment, Houston drug
crime Attorney Morasch has made himself available 24 hours, 7 days a week.
You can get started on your case today when you fill out a
free case evaluation. Do not hesitate to
contact Mark Morasch today!