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  • Writer's pictureBrian Foley

College Station Possession of Marijuana Attorney

College Station Possession of Marijuana Attorney - Brian Foley - Board Certified in Criminal Law

Protecting College Students in College Station, Texas: Defending Against Marijuana Possession Charges

If you find yourself facing marijuana possession charges in College Station, Texas, Brian Foley is the lawyer you need on your side. Specializing in criminal defense and marijuana-related cases, Brian understands the unique challenges college students may encounter when accused of drug offenses. With his extensive experience as a former chief prosecutor, Brian is dedicated to safeguarding the rights of individuals facing these charges.

The Legal Landscape in College Station, Texas

In College Station and its neighboring areas like Conroe, Houston, and The Woodlands, marijuana remains illegal under Texas law. Law enforcement officers continue to make arrests for possession of less than two ounces of marijuana in Brazos County, raising concerns for college students in the region.

Mitigating Circumstances: Medical Marijuana in Texas

While marijuana remains mostly illegal in Texas, there are limited exceptions. Texas law allows doctors to prescribe medical marijuana with a THC content of less than 0.5 percent by weight to patients with specific medical conditions. These conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, ALS, autism, terminal cancer, and incurable neurodegenerative diseases.

Out-of-State Medical Prescriptions

It's essential to note that Texas law takes precedence over out-of-state medical prescriptions. Even if you have a valid medical marijuana prescription from another state, it may not protect you from legal consequences in Texas. As of March 2021, there were no federal laws requiring states to recognize out-of-state medical marijuana prescriptions. College students should exercise caution and be aware of the legal differences between states.

Industrial Hemp and Legal Confusion

Industrial hemp, while distinct from marijuana, shares the same scientific name: Cannabis sativa L. The Texas legislature added to the complexity by legalizing the possession of marijuana plants with less than a 3% THC content. This legislative change inadvertently raised the bar for prosecutors. They must now conduct forensic testing to confirm a THC content greater than 3%. This additional burden of proof can work to your advantage when challenged by a competent defense attorney, potentially leading to more favorable outcomes.

Understanding the Penalties

For college students facing possession of marijuana charges of less than two ounces, these offenses are classified as Class B Misdemeanors in Texas. The maximum penalties include up to 180 days in jail and a $2,000 fine, or both. Additionally, probation may be imposed, involving drug testing and community service.

In College Station, Texas, defending college students against marijuana possession charges requires a comprehensive approach. Providing character letters, medical evidence, and drug counseling records can strengthen your defense and increase the likelihood of a favorable outcome. Brian Foley, with his expertise in criminal defense and marijuana cases, stands ready to protect your rights and future.

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