Fort Worth Marijuana DWI Lawyer
While some jurisdictions instituted a policy of issuing tickets for possession of small amounts of marijuana, Fort Worth has not. Driving while intoxicated with Marijuana could lead to criminal charges just as they may with other illegal substances. If you were accused of driving with Marijuana in your system or on your person, contact a Fort Worth marijuana DWI lawyer. A well-practiced attorney could answer any legal questions you may have and could fight for you.
What are the Forth Worth Marijuana Laws?
Possession of any usable amount of marijuana under two ounces is a Class B misdemeanor that potentially carries up to $2,000 in fines and up to 180 days in jail. Any amount of marijuana greater than two ounces but less than four ounces is a Class A misdemeanor and is potentially punishable by up to one year in jail and up to $4,000 in fines. More than four ounces but less than five pounds becomes a felony and is potentially punishable by prison time. Amounts greater than that escalate and the punishment is harsher.
Authorities in Fort Worth may arrest people and prosecutes them for the Class B misdemeanor. There are trends of success with getting possession of small amounts of marijuana under two ounces dismissed for many accused individuals. There are different ways to get cases of possession of small amounts of marijuana dismissed when diversion programs or deferred prosecution programs are available. A DWI attorney may try to get the marijuana charges in Fort Worth dismissed without any requirements for attending programs.
Penalties a Defendant May Face
Possession of marijuana between four to five ounces is a state jail felony that is potentially punishable by a fine up to $10,000 in fines and 180 days to two years in a state jail. When the amount of marijuana is more than five pounds but less than 50 pounds, the charge is a third-degree felony that is potentially punishable by up to ten years in prison. The punishment and penalties could increase as the amounts of marijuana increase. An individual might be charged with a second-degree or first-degree felony depending on the amount of marijuana. A Fort Worth marijuana DWI lawyer could help mitigate the penalties that someone may face.
Diversion and Deferred Prosecution Programs
While there could be good points about some of the diversion and deferred prosecution programs, there are also potential dangers involved. If the person does not successfully complete the program, they may not be able to get the case removed from their record and could have a conviction and a record of possession of marijuana case. A dismissal of a marijuana case could be preferred so that the defendant does not have to go through these programs. A personal attorney could persuade the prosecutor to dismiss a case by pointing out legal points in the defendant’s favor.
Potential Defenses an Attorney Could Use
Experienced Fort Worth marijuana DWI lawyers could look for constitutional, legal, or factual issues with the defendant’s case as part of a strategy to persuade the prosecutor to dismiss the case. The attorney could successfully convince a judge to rule in the defendant’s favor if the police violated the law on some legal or factual basis. A lawyer could also convince the prosecutors to dismiss these cases without individuals having to go through any of the programs and the risks involved in those programs. If the case is not dismissed, there may be programs to fall back on.
Texas’s Stance on Legalization
Texas has not joined some of the states like Washington, Colorado, and California in allowing the recreational use of marijuana or legalizing marijuana possession. Marijuana possession is still a crime in Texas and in Fort Worth and could result in one being arrested, jailed, and prosecuted for a misdemeanor. Since this may end up on a person’s record for life, an accused person may need to seek the services of a Fort Worth marijuana DWI lawyer.
How Decriminalization May Impact a Person’s Charges
While Texas is beginning to allow limited medical marijuana use for epilepsy or epileptic types of conditions, there is no legalization of marijuana beyond its limited use in some medical situations. The nation appears to be marching towards legalization of marijuana and many states have already legalized marijuana. Texas took a step for the first time by legalizing medical marijuana in limited use and may join some of the other states in legalizing recreational marijuana or possession of small amounts of marijuana.
Currently, a minority of the states allow possession of marijuana in small amounts. It could be important to know that if a person visits Colorado or any other state that allows legal possession of small amounts of marijuana, they must be careful to not bring marijuana with them when they travel to their home state, get on a plane, or drive. Immediately after they cross the Colorado state line on their way to Texas, they may be carrying what they thought was legal marijuana that is illegal in Texas. The state troopers and the Department of Public Safety officers typically look for people coming from Colorado since they may be in possession of marijuana they purchased in Colorado.
Authorities could stop people for the slightest little traffic violation and claim they smell marijuana even when they do not and search the car. They could ask for consent to search the car, which a person may grant consent to. With consent, officers could find marijuana the individual legally purchased in Colorado that is illegal in the state they are driving through and they are arrested. The highway patrols have also increased their surveillance and the stopping of people who appear to be coming from Colorado.
When someone is traveling by plane, they could face an additional risk when they go through security. Their bags may be searched, marijuana is found, and they could end up in custody. Many people are arrested traveling from Colorado since they come from a state where they may legally have the marijuana. Individuals could fly into Texas and when they start to leave, they could go through security where the Transportation Security Administration agents may find the marijuana and arrest the person. A Fort Worth Marijuana DWI lawyer could help a person understand how legalization could affect their case.
Hire a Fort Worth Marijuana DWI Attorney
It may be important to have a Fort Worth marijuana DWI lawyer who is an expert in marijuana laws and in trying marijuana DWI cases since specialized knowledge of how marijuana affects an individual may be needed. The attorney could be familiar with current studies that show whether marijuana negatively affects a person’s ability to drive, and could be experienced with how long marijuana effects influence a person after they ingested marijuana. They could understand the data on blood testing and how the blood tests show marijuana in the system. The attorney may need to know how the metabolites of marijuana are broken down and could indicate when the person ingested marijuana so they are no longer under the effects of marijuana. As time passes, the metabolites of marijuana are typically broken down in the body and do not have an effect on a person or cause impairment or any of the effects that could make one high on marijuana. Reach out to a Fort Worth marijuana DWI lawyer if you are facing criminal allegations in Texas.