Marijuana

January 17, 2021

Kaufman County Marijuana Possession

Most of the country is moving past the days of arresting everyone for marijuana possession. Many states have robust medical marijuana programs, and some states have even legalized recreational marijuana. Texas is not one of those states. We have some of the most punitive, and embarrassingly stupid marijuana laws in the country. Possession of any usable amount of marijuana is a Class B misdemeanor, with a penalty of up to 6 months in jail. That’s for leafy weed. Remember when I said our state’s marijuana laws are stupid? Possession of any edible or vape pen is always a felony. Which is mind-bogglingly inane.

So what can you expect if you are caught with marijuana in Kaufman County?

First of all, our DA’s office still prosecutes these cases like they matter. So if you think the District Attorney won’t care enough to file your case or take you to court you are mistaken. If you are arrested for possession of marijuana in Kaufman County you are going to jail, and then going to court.

December 23, 2020

Can I be deported for a Texas drug possession case?

by Robert Guest

If you are facing a charge of drug possession in Texas and you are not a citizen of the United States, you should be aware of the laws regarding deportation for drug convictions.

What is the law on deportation for drug convictions?

Under federal law, an alien convicted of a drug offense, other than possession of a relatively small amount of marijuana, is deportable. See 8 U.S.C.A. § 1227(a)(2)(B)(i). Placement on deferred adjudication in Texas is considered a conviction for purposes of federal immigration law. See Moosa v. I.N.S., 171 F.3d 994, 1005–06 (5th Cir. 1999); Guerrero, 400 S.W.3d at 588 & n.52; see also 8 U.S.C.A. § 1101(a)(48)(A).

August 13, 2020

Texas Marijuana Laws 101

by Robert Guest

Marijuana Laws in Texas

The War on Drugs has been around for decades and marihuana is no exception. In Texas, the possession and distribution of marihuana are against the law. Texas drug penalties depend on the type of substance in your possession, the amount of substance in your possession, and whether you’re near a drug-free zone or minors. If you are facing marihuana charges, the penalties can be very serious.

What is Marijuana in Texas?

June 30, 2017

Can I get a different court appointed lawyer?

by Robert Guest

If charged with an offense and want to hire an attorney but can’t afford one you may qualify for a court appointed attorney.

In some situations, you may not be happy with the court appointed attorney. But, it is unlikely that the court will appoint someone else. Unless you want to hire your own attorney, you are pretty much stuck with whoever the court appoints.

What if the attorney isn’t telling me what I want to hear?

January 30, 2015

7 Cell Phone Safety Rules for Stoners

by Robert Guest

They say an ounce of prevention is worth a pound of cure. Whether you measure you favorite chemical indulgences in grams or ounces you need to take some basic cell phone safety precautions. First, a disclaimer, a warrant and a dedicated forensic technologist can find pretty much anything on your IOS or Android device (Blackberries are the most secure phones available, but who wants to use a grandpa phone with real buttons?). But, with the right settings/apps/common sense you may be able to get through most traffic stops and common police encounters without getting yourself or your friends in more trouble than the initial detention.

How does a law enforcement officer (let’s call him LEO) use cell phone data? The most common way is when you are arrested and the officer just picks the phone up and starts reading your texts to see who your dealer/connect/reup is. The officer may also answer your phone or send texts to try and generate some more offenses/arrests. Now the Supreme Court has held that cell phone data is protected and the police must have a warrant to search your phone, but Constitutional protections tend to find exceptions (we have a drug war to fight, and most judges are on the side of the Government), also most snitch deals are never seen in court and LEO may look at your phone anyway just to see who is in your network of friends without intending to use the evidence in court. On to the tips.

On to the rules-

August 3, 2014

(Non-Racial) Profiling is Legal in Texas, Don’t Be a Victim

by Robert Guest

In Texas our pro conviction appellate courts have blessed the practice of law enforcement profiling drivers and investigating routine traffic stops as drug trafficking. This practice involves an officer deciding that you are a drug dealer and then following you until you commit a traffic violation.

I thought racial profiling was illegal in Texas?

It is. But to get anywhere with that you an officer honest or dumb enough to testify that race was a factor in his investigation. LEO learns quickly to keep those thoughts to himself. Our numerous traffic laws allow great cover for profiling. DPS knows to just follow who they want to stop until they can find some evidence of a traffic violation. That’s considered great police work in Texas. We allow and encourage non-racial profiling. Which means a DPS Trooper can list any reason but race as a reason to follow you and wait for a traffic violation and then search for drugs.

December 1, 2013

You should join DFW NORML

by Robert Guest

I went to my first DFW NORML meeting last night and came away very impressed. Really good speakers and a lot of very friendly and enthusiastic supporters. Over 120 people showed up on a holiday weekend, which is something I wouldn’t have thought possible 10 years ago.

When I first started blogging legalization and reform of marijuana laws was still not a mainstream topic. Locally in Kaufman County I know at least a few people thought it was a strange issue for me to champion. Back then we had a few medical marijuana states, but no where near the momentum we have now. It’s rare now that I discuss marijuana prohibition with anyone under 40 who thinks it’s a successful program that should be continued. The game has changed folks, and momentum is on the side of freedom and growing every day. Much more media attention on the issue, polls are showing that political majorities across the country support reform, and the scientific evidence for marijuana’s medicinal qualities is too strong to question at this point (unless you’re the DEA).

That’s the good news. The bad news, we still live in Texas and authoritarian social conservatives still exert too much influence on the political process. We can fix things in the Lone Star State, but like any political movement more people need to get involved. The best way to do that is to join your local NORML chapter.

August 31, 2013

Top Ten Reasons Texas Should Legalize Marijuana

by Robert Guest

Eric Holder has given a tentative green light for State recreational marijuana programs to go forward. Given how the last medical marijuana memo has been largely ignored, I’m still a little pessimistic the DOJ will really leave these States alone. Regardless, here are ten reasons Texas should take this opportunity to reform our State’s marijuana laws. As a reminder, possession of any usable amount of marihuana is a 180-days-in-county-jail misdemeanor in Texas. I know, we are insane about weed in the Lone Star State, but it doesn’t have to be this way. On to the list.

1. Willie Nelson. Are we really going to keep arresting Willie? Really? What kind of asshole arrests Willie Nelson for pot. If this was my only reason, it would be enough.

2. It’s safer than booze. Texans drink a lot. Booze kills people. Weed can’t kill you.

August 24, 2013

Tom Pauken Wants To Help Veterans, By Arresting Them For Medical Marijuana

by Robert Guest

Tom Pauken is running for Governor of Texas. He’s nearly identical to Greg Abbott in every way, except Greg Abbott has a lot more money. Tom’s trying to differentiate himself so he recently took to Facebook to tout himself as a supporter of veterans.

Tom was asked if he would support allowing veterans to use medical marijuana, or if he wanted to continue to have them arrested. At first Tom just deleted the comments. (He banned me from his page and removed all my comments).

Finally Tom’s inability to answer this question became really embarrassing so he let loose fired off the answer below. Now remember what the question was; Tom Pauken, who allegedly really loves veterans, was asked if should we arrest veterans who use medical marijuana. Tom’s answer-

January 11, 2013

Q & A with Todd Dalotto- Medical Marijuana Expert

by Robert Guest

Todd is an expert in medical marijuana and is lucky enough to live and work in a State that doesn’t attempt to arrest every person who uses cannabis for any reason. Texas could have experts like this, but they’d be arrested. It’s interviews like these that remind me I live in a police state with backwards laws. On to the interview-

1. Give me a short bio.

CAN! Research President, Todd Dalotto has a HBS in Horticultural Research from Oregon State University, Chairs Oregon’s Advisory Committee on Medical Marijuana (ACMM), Chairs the ACMM’s Horticulture, Research & Safety Committee, and authored The Hemp Cookbook: From Seed to Shining Seed (Inner Traditions, 2000). His vast experience in cannabis science, politics, and public policy includes founding America’s first hemp food business (Hungry Bear Hemp Foods), founding Oregon’s first medical clinic/support/education center (Compassion Center) for medical cannabis patients, and serving on legislative and administrative advisory committees for the Oregon Medical Marijuana Program under the Department of Human Services and the Oregon Health Authority. Todd is a valuable resource as a teacher, consultant, scientist, and court-qualified expert witness, specializing in Cannabis.