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  1. #1
    Join Date
    Jun 2012
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    1

    Default Marijuana Possesion Second Offense

    My question involves criminal law for the state of: Texas

    My boyfriend got a possession charge for marijuana(under 2 oz) a couple of years ago at this time he got 1 year probation, drug classes,& had to pay about a $2,000 fine(it was a class c misdemeanor). He recently got arrested for the same thing and is again being charged with possession under 2 oz(class c misdemeanor). I was with him when he got arrested and he had no actual marijuana on him but, he did have a smoking device on him though. If we aren't able to get the charge dropped; what could possibly happen since this will be his 2nd offense? Any advice, input,and/or suggestions will be greatly appreciated!! Thanks!!

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
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    1,534

    Default Re: Marijuana Possesion Second Offense

    Quote Quoting jj103110
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    My boyfriend got a possession charge for marijuana(under 2 oz) a couple of years ago at this time he got 1 year probation, drug classes,& had to pay about a $2,000 fine(it was a class c misdemeanor). He recently got arrested for the same thing and is again being charged with possession under 2 oz(class c misdemeanor).
    Well, then a prosecutor is going to be less inclined to offer another deferred prosecution. Since the first "second chance" did nothing to deter your bf's criminal behavior, further "second chances" are not going to be seen as likely to result in rehabilitation.

    Quote Quoting jj103110
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    I was with him when he got arrested and he had no actual marijuana on him but, he did have a smoking device on him though.
    Well, the obvious question is then, why was he arrested for possession of weed rather than paraphernalia? My instinctual answer is that the "smoking device" had enough residue in it to be tested. That "tar" buildup inside a marijuana pipe tests positive for THC like nobody's business. Therefore the residue was, in fact, marijuana and he was in possession of it.


    Quote Quoting jj103110
    View Post
    If we aren't able to get the charge dropped; what could possibly happen since this will be his 2nd offense? Any advice, input,and/or suggestions will be greatly appreciated!! Thanks!!
    From what I can find in a quick internet search, marijuana possession under 2 oz is a class B, not a class C misdemeanor in TX. That carries a possible penalty of 180 days in jail, minimum 180 day driver's license suspension, and $2,000 fine. Realistically, expect the fine and suspension and, maybe, a short jail stay.

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