When it comes to drug possession charges, the elements that prosecutors must prove are the same in every case. The Texas Controlled Substances Act prohibits the knowing, intentional possession of a controlled substance that is listed on different Schedules and/or Penalties groups. The nature of the charges varies by the type of drug, but the […]

In Texas, the possession of marijuana in an amount totaling less than two ounces will usually be charged as a Class B misdemeanor, while possession of between two and four ounces will typically be enhanced to a Class A misdemeanor. These are referred to as simple possession offenses and although they should be taken seriously, […]

President Donald J. Trump stunned many political observers and pundits by winning the presidential election in 2016. He has promised that his administration will depart radically from the administration of President Barack H. Obama in virtually every way: President Trump has announced, for instance, plans to roll back or repeal President Obama’s Affordable Care Act, […]

Every day there are dozens of people arrested for drug crimes in Houston and throughout Texas. Most of these charges relate to simple possession of illegal drugs allegedly found on the defendant. So what happens when the police actually confiscate something they believe to be illegal narcotics? Using Drugs as Evidence First and foremost, the […]

Although legalization of marijuana has gained ground in a number of states and cities, it remains very much illegal in Houston, Galveston, and the rest of Texas. Last year a Texas House of Representatives committee endorsed a bill to legalize “recreational use” of marijuana, but the full House never passed the measure. It is therefore safe to […]

State representative Joe Moody (D-El Paso) authored HB 507, a bill that would essentially decriminalize possession of small amounts of marijuana. The bill would specifically remove the threat of arrest, jail time, and a criminal record for possession if you possess up to one ounce of marijuana. Instead, the penalty for such a small possession […]

The legal landscape for the possession and use of marijuana has changed considerably in the last 10 years. In fact, 23 states and the District of Columbia currently have laws on the books that legalize marijuana for a varying number of reasons, according to Governing Magazine. Of those 23, 4 states — Alaska, Oregon, Colorado […]