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Drug Offenses

Marijuana Prescription

A Review of Marijuana Laws in Texas

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According to this U.S. Department of Health and Human Services report, in 2011, there were 18.1 million Americans 12 and older who admitted to using marijuana within the past month. And while use of marijuana may be widespread, it continues to be illegal under federal and Texas state law. Further, the punishments for marijuana-related crimes can be severe. Schedule I Drug Under federal law, pursuant to the Controlled Substances Act, marijuana is classified as a schedule I drug. This means that the federal government has determined marijuana has a high potential for abuse, has no currently accepted medicinal use in the U.S., and lacks accepted safety for use under medical supervision. Texas Marijuana Laws Under Texas law, it is a crime to knowingly or intentionally possess a usable quantity of marijuana. It is important to note that it is unclear what “usable quantity” actually means. In theory, the wording of the statute would indicate that some amount below a usable quantity is not an offense. Some case law on the issue does exist, but an exact definition has yet to be developed. An offense for delivery is committed when a person knowingly or intentionally delivers marijuana. “Deliver” is defined as transferring to or offering to sell to another a controlled substance. It is important to note that there are different penalties depending on whether a transfer or sale has occurred. As an example, when the amount delivered is one-fourth an ounce or less and the person delivering does not receive […]

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Meth Possession and Texas Law

The Penal Consequences of Meth Possession

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Most people, thanks to pop culture references, have at least heard of meth-amphetamines, even if they have never seen or been around them. “Meth,” as it is commonly called, is considered one of the most dangerous drugs in the world today, both for the effects using it, as well as the hazard of producing it in illegal labs. As a result, there are severe penalties for involvement with this drug. Meth: An Overview Meth is a stimulant that affects the central nervous system. While it is often associated with recreational use, there are (very limited) medicinal uses for meth. The Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) classifies it as a schedule II drug, which means a prescription is required to obtain it. These prescriptions are for doses that are significantly lower than the doses a person abusing it recreationally would use. Schedule II drugs have a high potential for abuse that may lead to addiction. Possession According to Texas law, it is illegal for a person to knowingly or intentionally possess meth, unless the person obtained it directly from or under a valid prescription. Texas considers meth among the worst and most dangerous drugs. As a result, the penalties for a conviction are severe, even if the amount possessed is very small. The following chart illustrates the penalties: Amount Possessed: Less than 1 gram Penalty: STATE JAIL FELONY Amount Possessed: Between 1 and 4 grams Penalty: 3RD DEGREE FELONY Amount Possessed: Between 4 and 200 grams Penalty: 2ND DEGREE […]

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Marijuana is Illegal

Marijuana Related Criminal Offenses

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There have been a many of young person walk into my law office, with their parents, frightened because they were accused of the criminal offense known as the possession of marijuana (a serious criminal offense) and seeking legal representation to attempt to fight the charge against them. A Conviction Could Ruin College Admission A number of these young people are students looking to move into the realm of higher education and would have their enrollment into college threatened had it been found out they were accused of any form of drug crime including that of the possession of marijuana. At the Law Offices of Tad Nelson & Associates Houston criminal defense lawyer Tad Nelson has had a wealth of success in either getting these type of misdemeanor weed cases thrown out of court due to violations of the defendant’s Constitutional Rights’, or have either worked out a deal with the court to have the criminal record sealed granted that the defendant keeps his/her end of any deferred adjudication bargain he/she is a party to. Legalized Marijuana? In America, there is a momentous movement to legalize marijuana, but it hasn’t happened. Marijuana is still viewed as a dangerous Schedule 1 illegal drug and should be treated as such by anyone looking to avoid being arrested in Houston for marijuana possession or any other form of marijuana related criminal offenses. Need a Criminal Defense Lawyer? If you’ve been arrested and criminally charged for a drug crime in Houston, contact Tad Nelson, a […]

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Texas Drug Convictions

Arrested for Cocaine in Houston? Don’t Panic, Call Tad.

If you, someone in your family, or a close loved one, has been arrested for a criminal offense involving cocaine in Houston, Texas, you’re facing serious criminal charges that will result in a felony conviction if you’re found guilty in a Harris County, TX court of law. Tad Nelson, a Board Certified® criminal lawyer, has the skills needed to afford you the best chance of winning in court. The Law Offices of Tad Nelson & Associates will be able to answer any questions that you may have about cocaine related criminal charges as well as defend you in the court of law if you intend to fight the charge. Even if you’re facing federal charges for cocaine distribution, Attorney Tad A. Nelson can help. Texas Cocaine Conviction Penalties Quantity Classification Penalty Less than 1 Gram State Jail Felony Up to 2 years in prison – $10,000 Fine 1-3.99 Grams 3rd Degree Felony 2-10 yrs. in prison – $10,000 Fine 4-199 Grams 2nd Degree Felony 2-20 yrs. in prison – $10,000 Fine 200-399 Grams 1st Degree Felony 5-99 yrs. in prison – $10,000 Fine Over 400 Grams Enhanced 1st Degree Felony 10-99 yrs. in prison – $100,000 Fine As you can see, all criminal charges connected with cocaine are major felony offenses that carry serious financial penalties along with stiff prison sentencing. A rough as it sounds, its still possible to avoid jail time. Houston criminal defense lawyer Tad Nelson has over 25 years of experience defending Texans accused of cocaine […]

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