Getting arrested for marijuana possession in a national park can be overwhelming and confusing, especially when different rules apply depending on where you are. While marijuana laws in Texas have evolved somewhat, possession in national parks remains a serious offense. If you’re facing federal marijuana possession charges, you need a legal team that understands both state and federal drug laws.
Attorney Javier Guzman of Guzman Law Firm is here to help you understand your rights and options. In this article, we will cover what to do if you’re arrested, the consequences of federal marijuana possession, and how to beat a possession charge in Texas.
Is marijuana possession a federal crime in Texas?
The short answer is yes, and there are many ways in which marijuana possession can be tried in a federal court, becoming a federal crime. Some of the most common ways that marijuana possession can become a federal crime include conspiracy to distribute, transporting large amounts of marijuana over state lines, or possessing marijuana on federal lands.
So yes, marijuana possession in a national park is a federal crime in Texas. Despite changes in state laws across the U.S. regarding marijuana, it is still classified as a Schedule I drug under federal law, meaning it is illegal nationwide. If you’re arrested for marijuana possession in federal jurisdiction like a national park, the federal rules supersede state laws, and the penalties are typically more severe than at the state level.
Federal law enforcement, such as park rangers or other officers with jurisdiction over federal lands, may arrest individuals for marijuana possession even if they possess it legally under state law — which means marijuana is illegal in national parks even in states like Colorado and California that would otherwise allow possession of personal amounts. Federal lands are governed by the Controlled Substances Act (CSA), which continues to outlaw the possession, sale, and use of marijuana, regardless of medical or recreational status in any given state.
What is the penalty for federal marijuana possession?
Under federal marijuana possession laws like the Controlled Substances Act, penalties for marijuana possession depend on the amount of marijuana you are found with and any prior convictions.
How many grams is a felony in Texas? A first-time offender caught with any amount of marijuana under 50 kilograms (about 110 pounds) may face up to a year in federal prison, a fine of up to $1,000, or both. If you have prior drug convictions, the penalties can be significantly steeper.
Texas state law has its own penalties for the possession of marijuana. How much marijuana is a felony in Texas? Regarding the possession of marijuana, Texas Penal Code 481.121 states that possession of up to 2 ounces of marijuana in Texas can result in a misdemeanor charge, with up to 180 days in jail and a fine of up to $2,000. However, possession of marijuana on federal land automatically subjects you to federal charges, which can result in longer prison sentences and larger fines.
How much is bail for marijuana possession in Texas?
Bail for marijuana possession in Texas can vary widely based on several factors, such as:
- The amount of marijuana in your possession
- Whether it’s a first offense
- If the arrest is made on state or federal land
On state land, bail can range from a few hundred dollars for small amounts of marijuana to several thousand dollars for larger quantities or more severe offenses. In federal cases, bail can be much higher, especially if the federal government views you as a flight risk or if you have prior convictions.
Federal charges typically lead to harsher bail terms, and it is crucial to have an attorney like Javier Guzman on your side to argue for reasonable bail.
Is medical marijuana legal in Texas in 2024?
Medical marijuana is legal in Texas under very strict conditions. As of 2024, the Compassionate Use Program (CUP) allows the use of low-THC cannabis (less than 1% THC) for certain medical conditions. These conditions include epilepsy, seizure disorders, multiple sclerosis, terminal cancer, and post-traumatic stress disorder (PTSD), among others. Even under the CUP, Texas has some of the most restrictive marijuana laws in the country, and recreational marijuana remains entirely illegal.
However, it is important to note that federal law does not recognize medical marijuana, even if you’re a registered patient in Texas. This means that if you are caught with marijuana in a national park, having a state-issued medical marijuana card will not protect you from federal prosecution. The Controlled Substances Act still applies, and marijuana remains illegal on all federal lands.
How to fight federal drug charges in Texas?
If you’re arrested for marijuana possession in a national park, it’s critical to start building a defense immediately. Federal drug charges are serious, and navigating the federal legal system is complex. Hiring an experienced attorney like Javier Guzman can help you fight these charges and potentially reduce the penalties.
Several legal defenses can be employed when fighting federal marijuana possession charges:
- Unlawful search and seizure: One of the most common defenses is challenging how law enforcement discovered the marijuana. If the police obtained the evidence through illegal search and seizure in Texas or violated your Fourth Amendment rights, the court may exclude that evidence, potentially resulting in the dismissal of your case.
- Medical necessity defense: While this is a difficult defense to win at the federal level, a person might argue that they needed marijuana for medical reasons. This is more effective if the case is in a state with comprehensive medical marijuana laws, though it remains a challenge in federal courts.
- Lack of possession: Another defense is showing that you were not in possession of the marijuana at the time of the arrest. For example, if you were in a group and the marijuana was not on your person, it might be possible to argue that the substance did not belong to you.
- Chain of custody issues: In some cases, the prosecution may fail to maintain a proper chain of custody for the marijuana, which could result in mishandling or loss of evidence. A skilled attorney can challenge the integrity of the evidence.
- Entrapment: In rare cases, you may be able to argue that you were coerced into committing the crime by law enforcement officials. This is known as entrapment, and while it is difficult to prove, it can be a valid defense under the right circumstances.
Arrested for federal marijuana possession in Texas? Call Guzman Law Firm.
If you’ve been arrested for marijuana possession in a national park, it’s crucial to act quickly. Federal drug charges can carry harsh penalties, and the legal process can be complex and intimidating. Attorney Javier Guzman and the team at Guzman Law Firm are ready to help you navigate the legal system and build a strong defense to protect your rights.
At Guzman Law Firm, we understand the nuances of both state and federal drug laws, and we’re committed to defending clients facing drug possession charges. Whether you’re facing first-time drug possession charges in Texas, or have a prior criminal record, we will work tirelessly to get you the best possible outcome for your case.
Our law firm has extensive experience in criminal defense, and we offer personalized attention to each of our clients. If you or a loved one has been arrested for marijuana possession in a national park, don’t wait — contact Guzman Law Firm today for a consultation. We are ready to fight for your freedom and your future.
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