Some counties may let you go for possession of marijuana with a warning and a finger wag while others may escort you to the back of their patrol car
Possession of marijuana Ch. 481.121 Health and Safety Code: it’s a crime in the state of Texas for which counties are consistently inconsistent. Some counties may let you go with a warning and a finger wag while others may escort you to the back of their patrol car. With this being the case, clients have to be prepared to expect the worst. While some counties may turn a blind eye to a roach or a blunt during a routine traffic stop, others may arrest you on the spot. The range of punishment for less than 2 ounces of marijuana is a class B misdemeanor, up to a $2000 fine and up to six months in county jail. I often find clients make a bad situation worse by panicking and trying to hide, throw the weed, or even eat the weed before the officers make it to their window at a traffic stop.
Do not make a bad situation worse!
Please please do not make a bad situation worse. Taking any of the before-mentioned actions may be considered by a peace officer as tampering with evidence (found in § 37.09 of the Texas Penal Code). You have just turned a class B misdemeanor into a third-degree felony charge. A third-degree felony in the state of Texas carries a punishment range between two and ten years in the Texas Department of Criminal Justice and up to a $10,000 fine.
Yes, seeing the red and blue lights is scary
Yes, seeing the red and blue lights is scary, and knowing that your vehicle smells like marijuana is scary too. But trying to get rid of the evidence by destroying the possession of marijuana will only enhance the charges against you and may oftentimes secure an additional charge. Make your defense attorney’s job a little bit easier; remain silent, make no admissions, and do not attempt to conceal, tamper with, or destroy the marijuana. Better yet, do not TELL the officer that it is marijuana! Burnt hemp and marijuana smell strikingly similar….the major difference being the THC levels in the substance burnt and it’s effect on the user. As soon as the traffic stop has begun, actually many seconds before, everything you say and do is being visually and audibly recorded. Behave as you would want to be seen by your fellow citizens months from now. The words you choose and the actions you take are just as important as the lawyer that you choose! The officer started collecting evidence against you even before he stepped out of his patrol vehicle. The sooner you hire an attorney who can protect your rights the better.