Are Drug-Related DWI Cases Defensible?
Interviewer: Are drug-related DWI cases harder or easier to defend?
Gary: Drug cases are usually hard to defend because juries can understand going to a bar to have a drink. A lot of juries can’t understand doing a joint or popping a pill.
Texas Is Not a Medical Marijuana State
Interviewer: There are no medical marijuana laws in Texas currently?
Texas Has Strict Penalties for Drug Possession
Gary: No, there’s no marijuana period in Texas. The charge is Class D Misdemeanor up to 100 days in jail if you’re caught with the remainder of a joint in your car. You will be charged even if the remainder is burnt down and there may be just a very little amount left in it, zero to two ounces of marijuana is charged as a Class D Misdemeanor and you go to jail.
If the drug is discovered on your premises you can be facing a year in jail, so they don’t take the matter lightly. If you are found to have over four ounces of marijuana, the charge becomes a felony.
Interviewer: In some states the penalties are less serious. What is the climate in Texas?
Gary: Yes, in some states possession charges are a slap on the wrist but not in Texas.