San Marcos Marijuana Possession & Distribution Attorney
The ripple effects of a marijuana charge in Texas can spread quickly, impacting your life and future in the blink of an eye. In addition to sending you to jail, a conviction for marijuana possession or distribution can hamper your job prospects, impact your finances, and leave a lasting stigma on your record. You want to avoid these effects if at all possible.
Attorney Case J. Darwin understands what’s at stake and what you’re feeling if the authorities have accused you of possessing or distributing marijuana. As a former Houston prosecutor, Case J. Darwin has the experience, dedication, and insight you need in a criminal defense attorney. Our team will use all our resources to help you reach the best possible outcome for your case. Call (512) 738-6146 or complete our contact form for a free consultation.
Texas Marijuana Laws Explained
The key law governing marijuana possession and distribution cases in San Marcos is the Texas Controlled Substances Act. This law outlines what drugs people can or cannot possess in Texas, the amount of illicit substances necessary to charge someone with an offense, and the possible penalties defendants face. Under the Texas Controlled Substances Act, the penalties for marijuana possession or distribution are as follows:
- Less than two ounces – Up to 180 days in jail and a fine of up to $2,000.
- More than two ounces but less than four ounces – 180 days to one year in jail and a fine of up to $4,000.
- More than four ounces but less than five pounds – 180 days to two years in jail and a fine of up to $10,000.
- More than five pounds but less than 50 pounds – Two to 10 years in prison and a fine of up to $10,000.
- More than 50 pounds but less than 2,000 pounds – Two to 20 years in prison and a fine of up to $10,000.
- More than 2,000 pounds – Five to 99 years in prison and a fine of up to $50,000.
- One-fourth of an ounce or less and the offender did not receive payment – Up to 180 days in jail and a fine of up to $2,000.
- One-fourth of an ounce or less and the offender received payment 180 days to one year in jail and a fine of up to $4,000.
- More than one-fourth of an ounce but less than five pounds – 180 days to two years in jail and a fine of up to $10,000.
- More than five pounds but less than 50 pounds – Two to 20 years in prison and a fine of up to $10,000.
- More than 50 pounds but less than 2,000 pounds – Minimum of five years in prison and a fine of up to $10,000.
- More than 2,000 pounds – Possible life sentence in prison and a fine of up to $100,000.
Defense Strategies in San Marcos Marijuana Possession or Distribution Cases
In a courtroom, a solid, meticulously crafted defense strategy is a formidable shield. At the Law Office of Case J. Darwin Inc., we consider every angle to construct a defense that fits your situation. Some common defense strategies in San Marcos marijuana possession or distribution cases include:
Challenging the Legality of the Search and Seizure:
Examining the procedures law enforcement employed to search your person, vehicle, or property can unearth violations of your constitutional rights. Any evidence obtained through an illegal search can be suppressed, which may weaken the prosecution’s case.
Questioning the Actual Possession:
A crucial component to dissect is whether you had “actual possession” of the marijuana. If the police found the substance in a place where multiple people had access, your attorney can argue that it cannot be conclusively established that the marijuana belonged to you.
Disputing the Intent to Distribute:
Combatting distribution charges may involve discrediting evidence intended to demonstrate an intent to distribute. For instance, prosecutors frequently use the presence of packaging materials, scales, or large cash amounts to indicate distribution intentions. Diligently scrutinizing and challenging such evidence can damage the prosecution’s narrative.
Doubting the Substance Identification:
Ensuring that the alleged marijuana is, indeed, marijuana through lab testing is paramount. Sometimes, substances are misidentified, and confirming the identity of the alleged drug through scientific analysis is a viable defense tactic.
Mitigation and Alternative Sentencing:
In scenarios where the evidence is robust, negotiating for reduced charges or advocating for alternative sentencing, like drug education or rehabilitation programs, becomes pivotal.
Though Texas has stringent marijuana laws, in some rare instances, your attorney can argue that the use of marijuana was medically necessary. While this is an unusual and often difficult strategy, it might apply in specific, tightly defined circumstances.
What to Do If Law Enforcement Accuses You of Marijuana Possession or Distribution
A confrontation with law enforcement can instantaneously cause anxiety and trepidation. In these critical moments, the steps you take can significantly impact your defense and the outcome of your case. Here’s what to do if the police accuse you of possessing or distributing marijuana in San Marcos:
- Remain Silent: Politely decline to answer any questions without an attorney present.
- Stay Calm and Respectful: While the situation may be fraught with tension, it’s crucial to be respectful toward law enforcement.
- Refuse Searches (Unless Police Present a Warrant): You have the right to decline searches of your person, vehicle, or property unless law enforcement has a valid, judge-issued warrant.
- Document the Encounter: After the incident, write down everything you remember about the encounter, including officers’ badge numbers, the time and location, and any interaction details.
- Avoid Providing Additional Information: While you may want to explain or justify, offering additional information without legal counsel can inadvertently damage your defense.
- Contact an Attorney Immediately: Reach out to a dedicated defense attorney like Case J. Darwin as soon as possible. They can protect your rights and guide you through the legal process.
Contact a San Marcos Marijuana Possession and Distribution Defense Attorney Now
It’s essential to hire an attorney as soon as possible after law enforcement accuses you of marijuana possession or distribution. The sooner you speak to a lawyer, the more they can do to protect your rights and freedom. Call the Law Office of Case J. Darwin Inc. today at (512) 738-6146 for a free consultation, or you can reach out online.