Category Archives: marijuana

The Smell of Marijuana and Probable Cause

Many Americans are familiar with the odor produced by marijuana, even if they don’t use it themselves. That distinctive, pungent smell has been the basis of many interactions between police officers and members of the public.

Dallas voters recently tackled the issue with a measure designed to curb police authority in instances of potential suspicion of drug possession.

Is Odor Evidence?

Police do not have the right to search wherever and whenever they please. The Fourth Amendment of the Constitution forbids unreasonable searches and seizures. In order to conduct a search, police need either a search warrant or probable cause.

What is at issue now is whether the smell of pot gives officers this probable cause. Traditionally, it has been considered enough. A change to Texas law allowing hemp, however, means that a pot smell doesn’t necessarily indicate an illegal substance.

The Rules Regarding Hemp

Many states have taken the step of legalizing marijuana for medical or even recreational use. While Texas has not taken that step, it did make a change to the definition of marijuana in 2019. The new definition excludes hemp. Hemp is the same plant as marijuana but with much lower levels of THC.

THC levels cannot be determined by smelling the smoke. That telltale odor can be produced even at THC levels that would not trigger criminal liability. Therefore, some people believe it shouldn’t be considered the basis for a search.

Dallas voters believe so, based on the passing of Proposition R, which prohibits searches based on smell alone except in specific cases. If the smell does not mean a crime has been committed, it should not be used as probable cause to justify a search.

Other Courts Have Already Agreed

There is nothing surprising about Texas laws differing from laws in other states. The momentum of the movement to legalize marijuana has not yet touched the Texas legislature. There is only so much impact the rulings of other courts can be expected to have here.

That said, several other states have changed their stance about searches and seizures, especially when their marijuana rules changed. Many of the states involved also decriminalized cannabis in smaller amounts; still, the same principle applies: a non-criminal act could have caused the smell.

Questionable Searches

There is no shortage of stories about searches that started with the claim of “smelling marijuana” that turned up no actual cannabis. It’s basically impossible to prove that someone didn’t smell pot when they claim they did. That gives police a potential way around the Fourth Amendment if they really want to conduct a search.

Putting an end to the pot smell justification of searches would have the added benefit of reducing the number of questionable searches, particularly those involving motorists.

Contact an Experienced Defense Lawyer

At Lee & Wood, LP, our Texas criminal defense attorneys know how to protect you. We have handled countless cases involving marijuana and its derivatives. We can help protect your rights by mounting a strong, knowledgeable defense. Contact us at 817-678-6771 to get started.

What to Know About THC Concentrates in Texas

Marijuana, specifically the THC component, is a hot topic in the United States. It’s been debated by politicians, and people often take strong stances on the morality of the drug. But since there is no firm consensus at the federal level on THC, the result is that there are inconsistencies from state to state over what’s legal and what isn’t.

Some states have it completely outlawed while others have it entirely legalized for recreational use. And other states, like Texas, allow it for medicinal purposes in low doses, but not recreationally.

What is a THC Concentrate?

Tetrahydrocannabinol (THC) is a cannabinoid and the main psychoactive ingredient of marijuana. If a cannabis product is manufactured with a high concentration of THC, it’s considered to be a THC concentrate. A couple of examples of THC concentrate would be hash and cannabis tinctures.

Are THC Concentrates Illegal in Texas?

Yes, THC concentrates such as oils, waxes, shatters and even gummies are illegal in Texas. Since they’re considered by state law to have a high potential for abuse and are unusable for medical purposes, they’re given Schedule I classification.

Penalties for possessing THC in Texas have a dramatic range. If a person is caught with less than one gram, they could face a fine of up to $10,000 and up to two years in prison. Even if a person is caught with a single vape pen containing THC, they could face up to two years in prison.

And that’s just on the low end of the spectrum. On the high end, a person caught with over 400 grams faces a fine of up to $100,000 and a prison sentence of up to 99 years.

There is a lot of middle ground, and sentencing varies based on the individual’s criminal background, but the main point is that the sentencing can get very severe even for those who aren’t distributing the drug. If a person is convicted of trafficking THC concentrates, the penalties will be much more severe.

Charged With Possession of THC Concentrates in Texas? Get Help From Our Attorneys

If you’ve been charged with possession of a THC concentrate or another drug crime, you’ll need the help of an experienced attorney. The drug crimes defense lawyers at Lee and Woods, LP have helped many people across Texas and will fight by your side to help you get the best possible outcome.
Call 817-678-6771 or send us a message online to schedule an initial consultation appointment.

What Happens if You’re Caught With Weed Edibles in Texas?

Whether it’s inhaled from a vape pen or consumed as an edible, it’s still illegal to possess THC in Texas. Anything that isn’t leafy marijuana is a criminal charge of felony drug possession. And if you share your edibles with friends, you can be charged with drug distribution. Here’s what happens if you are charged with possession of cannabis concentrates.

Texas Law on Weed Edibles

Weed edibles contain tetrahydrocannabinol (THC), which is the main psychoactive component in marijuana. While it occurs naturally in marijuana, it’s also become an ingredient in many other products—from brownies to candy to gummies. You can see an incredible assortment at many high-end dispensaries, which are legal in other states.

While both contain the same psychoactive component, Texas law places marijuana and THC edibles in two different legal categories. Possession of fewer than four ounces of marijuana is a misdemeanor offense. However, edibles are classified with other controlled substances and are subject to harsher penalties.

The Consequences of Getting Caught With Marijuana Edibles

If you are caught with weed edibles, you could be subject to charges that include:

  • Felony drug possession: Under Texas Health and Safety Code § 481.116, people who possess less than one gram of a THC edible can face a state jail felony charge. For smaller amounts, a person can face between 180 days and two years in state jail. For larger amounts, a person can face between 15 and 99 years in prison. They may also face a maximum fine of up to $100,000.
  • Drug distribution: A person charged with drug distribution in Texas can face anywhere from 180 days in jail to a life sentence. They may also face fines up to $25,000.

What About Medical Marijuana?

Texans with certain medical conditions may qualify for the state’s Compassionate use program (CUP), which allows them access to medical marijuana. Certain physicians can prescribe low-THC cannabis for medical purposes, and qualifiers are limited to swallowing the prescribed dose.

CUP applies to people with the following medical conditions:

  • Amyotrophic lateral sclerosis 
  • Autism
  • Epilepsy
  • Multiple sclerosis 
  • Spasticity 
  • Seizure disorders
  • Terminal cancer 
  • An incurable neurodegenerative disease

If medical marijuana is legally purchased over the Texas border, such as from Colorado, you may still be charged with possession. In this case, you’ll need the help of a skilled lawyer to help you navigate the situation and prepare a strong defense.

Charged With Possession of Weed Edibles? We Can Help.

If you have been charged with a crime related to weed edibles, get help as soon as possible. Acting quickly gives your lawyer more time to act in your defense and protect your rights. To get started, call us today at 817-678-6771  or send us a message for a confidential consultation with the Fort Worth lawyers at Lee and Wood, LP.