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Texas Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: Can first time offenders felony charge with the pen with THC that was bought at a smoke shop be charged with that felony
John Michael Frick
John Michael Frick
answered on Aug 14, 2024

Yes, possession of any quantity of THC in Texas is a felony unless it falls within the "hemp" exception. The legal definition of "hemp" requires that it have a concentration of delta-9 THC that is not more than 0.3% on a dry weight basis.

It is very important that you...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: how to remove current public records of felony marijuana conviction that was sealed in 1975?

I was convicted by guilty plea for felony possession of marijuana in 1975. After serving probation, my attorney got a court order saying the guilty plea was allowed to be withdrawn, and the indictment was dismissed and stricken from the docket. Also it says I was released from all penalties... View More

John Cucci Jr.
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answered on May 27, 2024

The answer depends on what you mean by sealed. If there is a court order saying that your conviction should be purged from the public records, you can file in-court to have that order executed and force the reporting agency to remove it.

Otherwise, I would need to see the paperwork which is...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Yes, I would like to know how to I go about helping find a pro bono lawyer in East Texas for possession of marijuana,

Less than 2 ounces in a drug free zone

John Michael Frick
John Michael Frick
answered on May 9, 2024

Generally speaking, lawyers do not take criminal cases like this on a pro bono basis because indigent defendants are entitled to a court-appointed defense attorney. If you are not indigent, an attorney who is not a relative or close friend of yours most likely will not take such a case on a pro... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: I was convicted of Marijuana possession over 4ounces 50 years ago in Dallas County, Texas. Can I legally buy a firearm?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

There are three ways you can be qualified to buy a Firearm in TX, as a prior convicted felon..

1. Get a pardon from the governor;

2. Receive permission from the local Sheriff to buy and possess a FA; or

3. Have your conviction expunged by District Court Order. This last one...
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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Constitutional Law for Texas on
Q: If a person has a bag of marijuana in there shoe and are stopped, how can they be charged with tampering?

If a person has a bag of marijuana in their shoe and is stopped, how can they be charged with tampering? Wouldn't this fall under the category of if the officer does a proper search then they will find the item but if the item is already in the shoe, technically there is no evidence of... View More

James L. Arrasmith
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answered on Oct 15, 2023

If a person is stopped by law enforcement, and during a proper search, a bag of marijuana is found in their shoe, the charge of "tampering" may be applied if there is evidence to suggest that the individual attempted to conceal or hide the marijuana in a way that obstructed the search or... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Should my wife plead guilty for marijuana possession in the state of Texas? Her very first offense?
John Michael Frick
John Michael Frick
answered on Jun 19, 2023

If she's guilty, it depends upon what sentence the DA is offering in the plea bargain. Sometimes, it is better to not plead guilty even when you are guilty in order to be able to fully explain the circumstances of the offense, especially when the consequences being offered by the DA appear... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Finished deferred adjudication for felony possession of marijuana in a correctional facility in 2016. can i own a gun?
John Cucci Jr.
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answered on Dec 11, 2022

If your original case which was the basis for your deferred adjudication has been dismissed by the court, and you have no other Felony convictions, you are NOT a FELON and therefore have no legal impediment to obtaining a gun.

I am assuming there are no other cases against you and no orders...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Texas on
Q: I do not know what my charges are. I wasn't in my truck, and yet they're trying to keep it. I don't know what to do
John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You should hire an attorney in or near the county where you were arrested who has experience defending civil forfeiture proceedings. The government can pursue seizure and forfeiture actions even though no one was arrested and no charges have been filed. As the owner of the truck, it is incumbent... View More

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1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Municipal Law for Texas on
Q: 22 years ago got 2 tickets. I've had a driver's license and ID since then I don't know why now &is it legal?

they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes?

Grant St Julian III
Grant St Julian III
answered on Nov 21, 2023

The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck.

1 Answer | Asked in Banking, Cannabis & Marijuana Law, Civil Litigation and Contracts for Texas on
Q: Yes I need help with my realtor business on what I own
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.

I...
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1 Answer | Asked in Personal Injury, Cannabis & Marijuana Law and Car Accidents for Texas on
Q: I was in a car accident January 12, 2023. NOT my fault. Got arrested for marijuana.

I was at a complete stop when a truck hit me going 70 mph. I was injured cop asked me for my license which was in the car in hidden compartment. I had been given a nug (less then a gram) of weed, a grinder and a pipe the day before. I had it in my car because I was currently staying with a friend... View More

John Michael Frick
John Michael Frick
answered on May 2, 2023

It is typical for first time drug offenders to receive probation, community service, and a small fine.

While many people think that is just a slap on the wrist, other people find it is sufficient to deter future similar criminal behavior.

If you don’t feel the punishment is right,...
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1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

- deleted -

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Child Support for Texas on
Q: My brother has a 110000 bond just want to know if there is a way to get it reduced or to get him reinstated in probation
Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 21, 2022

Retain a lawyer. The lawyer can ask for bond reduction and to reinstate probation

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: I was false accused of having Tabacco in the state of texas

So this guy I was near was vaping in school and he moved his hand near my and I moved his away and my school principal thought I was passing him a vape and they are sending both of us to court

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 12, 2022

Retain a lawyer to assist you, Your friend could also tell the truth and help you out . If it is on video your pricipal shoud replay it on slow and pause it,

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: What does revocation was dismissed mean?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2022

From the very limited info given, I must assume there was a Petition to revoke your probation. Once the State files a Petition to revoke your probation, the court can hold the hearing, allow a deal between the DA and the Defendant, or dismiss the petition and thus, dismiss the case.

Parole...
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1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Texas on
Q: How to find a family law lawyer licensed in both Arkansas and Texas? And go. Thanks in advance
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 27, 2022

You may be able to go to the State Bar of Texas website and do a search for attorney that have reported they are also licensed in Arkansas. You MIGHT be able to do the same thing on the Arkansas State Bar website.

I hope this information helps. Good luck to you.

1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... View More

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

1 Answer | Asked in Immigration Law, Cannabis & Marijuana Law, Child Custody and Child Support for Texas on
Q: Probono lawyer.
Kyndra L Mulder
Kyndra L Mulder
answered on Nov 8, 2021

Your local USCIS office and Immigration Court will have a list of pro bono or minimal fee attorneys.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... View More

2 Answers | Asked in Cannabis & Marijuana Law for Texas on
Q: Is it illegal to give my friend Bitcoin money for drugs

My friend wants me to give them Bitcoin in order for them to buy drugs online. I will not ever see these drugs or partake in them, I would simply just give the money to my friend so that they can buy drugs online. Will I get in any trouble for doing this?

Teri A. Walter
Teri A. Walter
answered on Jul 14, 2021

There is no valid reason to do this. Make your friend buy their own drugs, with their own money.

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