Help with Texas pot laws.

[Luna_C_06]

My mother and I have been in AZ for a few weeks (I got a pancreas transplant so we'll be here for awhile, but that's a different thread) so no one is home to watch my little sisters. One decided that it would been ok to drive around, with her pot. Of course she got pulled over and arrested. Does any one have any advice or experience with the laws regarding pot in Texas? She's suppose to go college this fall so I don't want this to affect that.

[blogslut]

1. Get a lawyer

Sorry. I don't know the laws. I just know that I sure as hell wouldn't want to be in her shoes.

[rcrush]

2. The Texas House is voting to 'decriminalize' up to an oz

On June 1st. HB 902 I believe it is. It would reduce the penalty to only a fine instead of go directly to jail.

Also HB 164 is a medical marijuana bill

http://texasnorml.org/

The only thing I would think to do is maybe talk to Norml about getting a lawyer. They seem to be eager to help. The circumstances to her arrest could be suspect. Sometimes the cops would trick a teenager into letting them search her or her car. But I dont know what happend here but its somethin to think about.

[rcrush]

3. But I think the biggest lesson to learn here is

If you have pot on you then follow the traffic laws. Drive like you are expecting cops to be out lookin for a reason to pull you over.

[EOTE]

8. And for God's sake...

Don't EVER consent to a search. Tell them you're busy, tell them your car is a mess and you'd be embarrassed to have it searched, simply tell them NO. Even if you have nothing on you, why on earth would you give up your constitutional rights to some asshole on a power trip? Just say NO to police searches.

[rcrush]

9. Thats how they usually get you

Most people dont know that you can refuse a search. But most cops will just use the "I smell weed" excuse to get around that. But most of the time a traffic stop isnt grounds to search you and you can fight it in court.

[EOTE]

11. Most people lose their ability to think when they're pulled over.

Cops don't ask to perform a search beforehand simply because they like to be polite, if they didn't need consent ahead of time, they'd just go ahead and search you regardless. Why people think they don't have a right to say no is beyond me. But I see it all the time on Cops. People who would simply be given a warning and sent on their way fucking up their lives because they don't know their own rights. Pretty sad.

[SammyWinstonJack]

12. So they can't detain you and obtain a warrant? Or arrest you and impound your vehicle?

:shrug:

[rcrush]

13. Most of the time..

Depending on what state you live in a traffic violation alone isnt grounds to search, detain or whatever. They need a reason but most of the time they can just say "I smell Marijuana" and they search you anyway.

But if you are speeding or whatever and get pulled over you should always refuse a search and never say anything to incriminate your self. If the cop asks you if you have anything just stay quiet.

[EOTE]

14. If they ask you, that means they don't have probable cause to search.

Otherwise, they wouldn't ask. So you have absolutely nothing to gain by consenting to a search. You're just shooting yourself in the foot.

[SammyWinstonJack]

5. Great News!

:woohoo:

[Luna_C_06]

6. Thank you for the advice

RC. I did not know about the HB 92. And blogslut I wouldn't want to be her either, expressly when mom gets home :scared:.

[rcrush]

7. Some good news for your sister.

* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.


http://www.norml.org/index.cfm?Group_ID=4566&wtm_view=penalties

[Luna_C_06]

10. oh thank God!!! nt

[rcrush]

4. Heres a list of Norml lawyers in Texas.

http://www.norml.org/index.cfm?wtm_view=legal&Group_ID=4566

[Luna_C_06]

15. Great,

now she's made the local news.