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Marijuana Laws in Texas
Michael Lowe is a lawyer member of the National Organization to Reform Marijuana Laws (NORML) and has been for many years.
Marijuana is still illegal in Texas. However, with other states changing their attitude toward pot and having state laws that okay the use of marijuana for medical reasons or just for recreational purposes, things in Texas seem to be heating up. Over the past two decades, seventeen (17) states have passed legislation that approves the use of medicinal marijuana in some measure and in January 2013, two states (Colorado, Washington) had also approved the use of recreational marijuana within their state lines.
2012: States with Medicinal Marijuana Laws
- New Jersey
- New Mexico
- Rhode Island
- Washington D.C. (District of Columbia)
- Washington (State)
Texas as a Pot Trade Route / Drug Corridor for Marijuana
Additionally, with the changing national economy there are those in Texas and other parts of the country who are finding a lucrative, profitable venture in buying marijuana grown in California and transporting it either here to Texas for sale and distribution or driving it through the Texas Panhandle and North Texas from California to parts east, including Tennessee, Kentucky, and the East Coast.
Between the expanded deregulation of pot and the increased transport of marijuana as a California export product, the Texas Department of Public Safety (DPS) along with local law enforcement in several Texas counties (such as Franklin, Titus, Hopkins, Texarkana, Smith, Carson) especially counties along Interstate 20, 30, or 40 (IH20, IH30, IH40) are making a lot more possession of marijuana arrests (POMs) as well as more serious felony distribution charges.
It is well-known among Texas criminal defense lawyers that there more than the usual number of traffic stops on these highways and in certain Texas counties where the police suspect marijuana is moving through their jurisdiction. Take a map, see the roads that connect Colorado and California with Texas, and move your finger along those major interstates as they go through Texas – here is where there is likely to be a higher than average pot arrest ratio these days.
Defending Against Texas Marijuana Charges – Arrested for Pot (POM) in Texas
The key to most marijuana cases is not the amount of weed that was taken from the person, but whether or not the federal constitution was respected when the pot arrest was made. No matter if someone is busted for a joint found in their pocket or a load of ganja found in their car trunk, criminal defense lawyers will want to know exactly what steps the officer took in order to locate the grass in the first place.
Search and seizure laws are strict. If the arrest failed to follow the exacting standards of the constitution regarding how the search was done and how the marijuana was confiscated, then it fails legal muster and the defense is victorious. The marijuana that was taken to be grounds for the charge can be suppressed as evidence.
Defense to marijuana arrests include questions like:
- Where was the pot?
- Did the law enforcement officer have any reason to suspect marijuana was there?
- Did the police have any reasonable suspicion of any illegality at all?
- Did they have a legal right to stop the vehicle?
- Was there a search warrant?
- Did they have a legal basis for the search warrant?
- Was the search warrant properly executed?
- Who was arrested and when? Was there probable cause to support that bust?
For recent case results of Dallas marijuana defense lawyer Michael Lowe involving state or federal marijuana charges, check out Michael Lowe’s online Case Results report.
Please Review the Site FAQs for New Information on Texas Marijuana Laws, where short informative articles are provided including:
- 5 Things You Need to Know About Texas Marijuana Laws
- Marijuana Laws in Texas: Arrested for Misdemeanor or Felony – Big Difference
- Synthetic Marijuana (Fake Weed) is Illegal in Texas but It’s Still Being Sold: Are There Defenses to K-2, Spice, or Fake Weed Incense Under Texas Law? Yes.
Dallas Criminal Defense Lawyer Representing People Arrested for Marijuana (POM) (Busted for Pot)
As a former prosecutor turned criminal defense lawyer with over 150 jury trials defending clients against charges brought by district attorneys and U.S. federal prosecutors in Dallas County, Tarrant County, and elsewhere in the State of Texas, Board Certified Criminal Lawyer Michael Lowe not only brings his years of experience to each case, he also dedicates 100% of his law practice to the defense of those being accused of a crime under Texas or federal law.
With a streamlined law firm that coordinates its efforts to give each client the personal attention that they need and deserve when fighting against the government and the possibility of jail time, fines, permanent marks on public records, prison incarceration, loss of licensure, loss of jobs, absence from family events and everyday living, Michael Lowe maintains an efficient and excellent criminal trial practice that is ready to help you or your loved ones in your defense against criminal charges from pre-arrest investigation to post-trial appeals.
To discuss your case in a free and completely confidential consultation, please contact Dallas Board Certified Criminal Lawyer Michael Lowe today