New bills in Texas would reduce penalties for marijuana possession

April 23, 2013 (Press-News.org) As legalization of marijuana has gained traction across the country, legislators in Texas are considering bills that would diminish the penalties for people convicted of certain marijuana offenses.

One of the proposed laws would change the penalties associated with simple marijuana possession. Under House Bill 184, individuals who are charged with possession of one ounce or less of marijuana would face a maximum fine of $500 and no jail time. In addition, simple possession would constitute a class C misdemeanor.

This legislation would affect a large number of cases involving marijuana charges. In 2007, 97 percent of all arrests involving marijuana were due to simple possession, according to the Marijuana Policy Project. This legislation would require those individuals to potentially pay a fine, but would keep them from being sent to jail solely for possessing a small amount of marijuana.

In addition, another bill has been proposed that would affect the way in which patients with medical marijuana prescriptions are handled in Texas. Although the legislation would not legalize medical marijuana in Texas, it would allow more protection for medical marijuana patients.

If passed, medical marijuana patients could have the charges dismissed if they were able to provide proof that their doctor had recommended marijuana as a tool to avoid symptoms of their illness. In addition, doctors who suggested marijuana as a medical aid for their patients would be protected from legal action.

What are the current penalties for marijuana offenses in Texas?

Currently, people in Texas who are found in possession of two ounces or less of marijuana face class B misdemeanor charges. If convicted, these individuals could be sentenced to up to 180 days in jail and face fines of $2,000.

The penalties for marijuana possession increase as the amount in possession rises. For instance, people convicted of possessing two to four ounces, face up to one year in jail and a fine of up to $4,000. Those who are convicted of possessing between 50 and 2,000 pounds face felony charges with penalties ranging from two to 20 years in jail and a fine of $10,000. If the individual is found in possession of over 2,000 pounds of marijuana, the penalties increase even further -- to 5 to 99 years in jail and a fine of $50,000.

The penalties for selling marijuana also depend on the amount of marijuana involved. They vary from up to one year in jail and a fine of $4,000 for seven grams or less to 10 to 99 years in jail and a fine of $100,000 for over 2,000 pounds. In addition, people who are convicted of selling marijuana to a minor face between two to 20 years in jail and a fine of $10,000.

When someone faces marijuana charges, it is wise to obtain representation. Consulting with a skilled criminal defense attorney will ensure a strong defense is established on your behalf.

Article provided by Joe D. Gonzales Law Office
Visit us at www.joegonzales.com