Fees for bud are typical in Texas, especially since medical applications become more commonplace, but the penalties involved may be confusing for people confronting them. Offenders could be charged with a misdemeanor or a felony depending on the conditions, and penalties incorporate elevated fines and / or jail time and a criminal history on document.
Based on Texas Health and Safety Code statute 481.121, possession of marijuana is described as a person intentionally or intentionally possessing a usable quantity of marijuana. This ownership is categorized as either real or constructive possession. Actual ownership is characterized with the bud physically in your individual, like in a pocket. Constructive ownership, but means that the medication is at a location you have exclusive use of, like your luggage. Both are considered ownership, however, and take unpleasant consequences.
The severity of penalties which an accused person faces Depends upon the Quantity of marijuana which the person owned:
• If alleged offender has been in possession of 2 ounces or less, the crime could lead to a Class B misdemeanor, which is penalized by a prison sentence up to 180 days or a fine up to $2,000.
• In the event the accused offender owned two or more ounces but less than four ounces of marijuana, a conviction for the crime could lead to a Class A misdemeanor, that can be punishable by a prison sentence up to a year or a maximum fine of $4,000.
• If the quantity of marijuana at the alleged offender's ownership is five pounds or less but more than four ounces, the crime may lead to a felony of the third degree certainty, which can be punishable with a sentence of two to ten years in prison or a fine up to $10,000.
• If a person owns an quantity of marijuana which 2,000 pounds or less but more than 50 pound, then the crime may cause a felony of the second degree certainty, which can be punishable by two to 20 year prison sentence or a fine up to $10,000.
It's likely that a court might be inclined to accept involvement in a drug program instead of the above mentioned sentencing. Texas presents several medication applications, but most last 12 months or more and includes topics like substance abuse therapy, counselling, and rehabilitation. Probation may be required after the application is finished, however, the combination of those penalties depends upon every person by the court.
The penalties, rehab and other steps an individual incurs are predicated mostly on past charges, the essence of the crime, and the number of drugs involved. The legislation permit the court to decide what is the most successful punishment for the person, and because of this it can be quite helpful for an accused criminal to request the assistance of a lawyer. A attorney may have the ability to acquire a sentenced reduced or commuted to rehab instead of jail time.