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 necessity.

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 defense lawyer.

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 possession.

  • 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 your name.

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!

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