Marijuana laws are steadily evolving across the country. However, possessing any amount of marijuana is still a crime in Texas.
Between 2001 and 2010, law enforcement arrested over seven million people for possessing weed. Law enforcement arrests hundreds of thousands of individuals in Texas alone for merely having the drug on their person at the time of the arrest. Anyone with weed caught by a police officer either in their car or on the street should take the following actions.
Do not destroy the evidence
Many people's first instinct is to get rid of the drug as soon as possible. This is a mistake. Depending on the amount of marijuana in possession, a person may only be facing a Class B misdemeanor charge if it is less than two ounces. However, destruction of evidence is a far more serious offense. A Class B misdemeanor may get upgraded to a full-blown felony.
A person does not have to answer any questions asked by a police officer. Unfortunately, many people get so nervous when a police officer is in the vicinity that they start forfeiting incriminating information. A seemingly innocuous statement can end up being used in a court of law.
Refuse any searches
In the event officers suspect a person has marijuana in his or her car, they may request a search. However, it is within citizens' rights to refuse this type of search under the 4th Amendment. The officers may threaten to bring in a canine unit, and in this instance, it is best to call the bluff.
Get legal assistance
It is not hopeless if the police catch a person possessing marijuana. There are various possible defenses, but a person in possession of weed will need to get in touch with drug crime attorneys as soon as possible. When it comes to drug possession, time is of the essence.