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RobertJDFL
RobertJDFL, Attorney
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I was stopped at a check point on I-10 in Texas, had pot in

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I was stopped at a check point on I-10 in Texas, had pot in car as well as suckers bought in Colorado that had THC in them. I am not a user, just a whim with the pot, as well as buying suckers at a store in Colorado. I was ticketed for drug paraphernalia. Such a huge mistake, but am so freaked out. I paid the drug ticket. The sheriff let me go, with the understanding that I would get a request to come back for the possession of an illegal substance (the pot fricking suckers.) The ticket showed that my car was not searched for illegal substances. I was sent on my way with no citation for the THC, no amount of an illegal drug by federal standards in my possession. I am a 58 year old female, with no outstanding warrants. It was a bad decision on my part to buy the suckers, thinking that maybe suckers would help with stress in my life. The sheriff told me that this would not go away, could be weeks or months before I could be notified of a court date. Where I was stopped is at least an*****from my home. Should I hire an attorney at this point?
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Texas
JA: Has anything been filed or reported?
Customer: I have no idea. I was let go with a citation for the pot charge. No response of any kind from the county this happened in.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have nothing to hide. Was just a bad decision to buy the suckers. The pot was given to me. I did not use anything before hand. The dog smelled the pot, I gave it up immediately, an admitted to having the suckers in my suitcase in the trunk of my car. I didn't want to lie, thinking they would find it anyway.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Hello,

To clarify, as the potential penalties are different - were you charged with possession of marijuana, or did they charge you with possession of THC?

I'd like to assist you, but I don't want to presume that you were charged with one thing and answer the question incorrectly. If you still need assistance, can you clarify if you were charged with possession of marijuana, or possession of THC?

Customer: replied 3 months ago.
I was given a citation for drug paraphernalia for the pot. I was not ticketed for the pot because of small amount. I paid that citation already. I was told I was charged with possession, but was not told the amount of the drug. I was told this would not go away, and to expect something from them in the future. I got no paperwork for the thc, just that I was under arrest for it. A huge concern is how long this will drag out. I can't sleep, eat with the threat of jail time hanging over my head. The citation only shows the charge for paraphernalia.

Thank you for replying.

First of all, I think it's very unlikely as a first offender that a court would order you to jail if you were found guilty. While they certainly could, and of course I can't make any guarantees, that's not typical for a first offense on a minor charge. Jail time isn't mandatory under the law.

I think you'll want to call the Clerk of Court in the county where you were stopped and find out if anything has been filed yet. I think it's strange that they didn't cite you for anything else nor arrest you and book you on anything, and just told you to expect something in the future. It's not normal procedure.

As far as potential penalties - Less than 2 ounces of marijuana is charged as a Class B misdemeanor. It's punishable by a maximum of up to 6 months in jail and/or a $2,000 fine. But for a first offense, a prosecutor will almost certainly be willingly to offer deferred adjudication -this is a form of probation where you plead guilty, but your plea is "deferred" -and so long as you comply with all the requirements set for by the court (which can include things like paying a fine, community service, drug testing, a drug awareness class, etc) then the charge will be dismissed.

Possession of THC carries a potentially more severe penalty. Under Texas law, possession of THC - like dabs, hash, or hash oil – is typically classified as a state jail felony, punishable by up to 2 years in state prison, and/or a fine of up to $10,000. Again, I think it is unlikely that a court would sentence you to prison on a first offense if charged with possession of THC, but if a misdemeanor on your record is bad, a felony is obviously worse. However, like with a misdemeanor, a lawyer may be able to negotiate with the prosecutor a plea for deferred adjudication to keep the conviction of your record.

Please let me know if I can clarify anything or provide additional information. Happy to help.

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