Articles Posted in Drug Offenses

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Marijuana Possession Defense Attorney
Weed in your Carmex?  Why not, because weed makes everything better, right?  At least until you’re arrested.  According to advocates, marijuana has many medicinal benefits such as pain relief in addition to anti-inflammatory properties that could prove to be beneficial in the treatment of certain skin disorders such as acne or eczema.  Are we going to see a huge surge in cosmetics containing weed such as Mary Kay Baked?  Maybe. The market is already seeing the introduction of many lip-balm like products containing THC or marijuana.

The big question is, does it get you high?  In a word, yes.  But how does that happen if THC cannot be absorbed through the skin?  Well, you have to lick your lips over and over. Doesn’t that negate what you are using the cannabis Chapstick for anyway?  Probably.  Sure, you are going to look silly repeatedly licking your lips, but what do you care, you are high.

Is there a pleasant smell associated like medicated Chapstick?  Nope, it smells like weed.  Therefore, you are probably not going to want to apply this in the office or classroom. Incidentally, parties where people kiss after applying the marijuana infused lip-balm is what all the cool kids are doing now.

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Marijuana Defense Attorney
Ah, this brings me back to the days of the Phototron.  Who doesn’t remember this icon located in the advertisements at the back of nearly every magazine back in the day?  Billed as the only all in one self-contained hydroponic grow box.  The picture always showed either kitchen herbs or some type of house plant inside the box.  As if anyone would grow anything in this box but marijuana.  The Phototron was to “pay for itself harvest after harvest.”  As I recall, this thing had a hefty price tag. Somewhere in the neighborhood of around $500.  That’s a lot of basil one would have to grow in order to make up for the cost of a Phototron.

The “Phototron”

Marijuana Grow Operation
The Stack!t advertises as a way to dry all your “garden herbs” at once in this giant drying rack. At over six feet tall, one could put a lot of herb in this thing.  Although, I would advise against this little number.  Decades ago, I went over to a friend’s house and discovered a small-scale marijuana grow operation.  The smell of weed upon walking in the door was overpowering. Just what you want when the police show up trying to chase off a burglar.  Thankfully, this friend later went through a divorce and subsequently got rid of all of his marijuana grow operation.  That little project was a felony waiting to happen.  I have personally witnessed small hobbies like this turn into a major problem for clients.  In Lubbock, it was always rumored that law enforcement had a plane that could detect infrared heat signatures.  As everyone knows, these devices do exist.  If you have a grow operation in your house, the heat signature is going to light up your house like a Christmas tree.  Remember THC and marijuana are still illegal in Texas.  If you get caught with a grow operation, it is going to result in a hefty charge.  In a raid, I have seen law enforcement pull up the plant and weigh the whole thing; roots, dirt, and all which tends to be heavy.  The higher the weight the higher the penalty.

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THC infused products



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Conditions of Bond; Montgomery County Drug Lawyer



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Montgomery County Drug Arrest Lawyer
An interesting opinion dropped from the Texas Court of Criminal Appeals this week.  In the case, an undercover police officer was surveilling a sports bar in Houston known for its well documented history of drug busts.  In actuality, under the guise of surveillance, the police officer was probably profiling customers at the local bar.  One unlucky man stopped at the bar and stayed for what the officer stated was in the range of three to five minutes and then left.  The officer followed the man and then called for a marked car to make the bust so as not to blow his cover.  The marked police car then pulled the man over for an alleged lane change without a turn signal.  Before stopping the car, the officer noticed the man making furtive gestures around the console in the vehicle.  This is a ruse officers use to try and make a search.  As if a person in a car behind you can see what you are doing in front of them in your car at night.  Please.  The uniformed officer then arrested the man and searched his vehicle.  In the search, the officer finds two baggies of cocaine.  One in the center console and one between the console and the passenger seat.

The attorney for “citizen accused” filed a motion to suppress the evidence of the search in the trial court but the motion was denied.  The man subsequently entered into a plea agreement for three years deferred adjudication but preserved his right to appeal the ruling of the trial court.  Under the Fourth Amendment, a search of a person or property is not reasonable without a warrant without a specifically defined exception.  One of these exceptions is termed the “automobile exception.”  Under the automobile exception, police may search your car without a warrant if there is probable cause to believe that the vehicle contains contraband.

The court of appeals considered the issue of probable cause in this matter.  There, the Court used the following facts to justify the search.  First, the officer was performing surveillance on a bar known for drug sales. Second, while the man was stopped in a turn lane, with marked police car behind him, and an undercover officer beside him.  Staring.  Said the man made furtive gestures in his car.  Okay, so two cops have you boxed in and are staring you down.  You’re supposed to act cool, right?  Sure.  The court of appeals affirmed the finding of the trial court.  The ruling that being at a bar known for drug activity and making furtive gestures while being boxed in by two cops was enough for probable cause to arrest you.  Fair, right?

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Marijuana DWI Attorney
NPR and the Wall Street Journal are some of the many news agencies featuring op-ed articles on the problem states and even countries are facing with impaired driving as it relates to marijuana.  Although marijuana is still illegal in Texas at any level, just what constitutes whether or not an individual is impaired, and at what point is the person charged with driving while intoxicated?  These are tough questions but as more states are legalizing cannabis in one form or another it is a problem that needs to be solved and yet may never happen.

In Texas, we have the legal level for alcohol set at a 0.08 BAC.  So, what’s the problem with weed?  Unlike alcohol, drugs like THC do not have a relationship between the levels of the drug in the tissues and what is considered impairment.  To make matters worse, the method of ingestion can also vary the level of impairment.  Our bodies process marijuana differently when we smoke the marijuana versus when the marijuana is eaten as in an edible product.

Some states have enacted a standard of five nanograms or delta-9-THC per milliliter of blood.  Like the Texas law for alcohol in a DWI arrest, a court can find a person is impaired at the five nanogram level for marijuana just as in a 0.08 in an alcohol test.

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Montgomery County DWI Attorney



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Texas DWI Lawyer



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Montgomery County Controlled Substance Lawyer

