As shown by the results in two recent Texas criminal cases, Texas residents charged with marijuana possession may successfully argue medical necessity as a defense at trial or pre-trail. In addition to Texas judges showing some favor to a medical defense, State Representative Eliot Naishtat has also championed such a medical defense as indicated by his sponsorship of a proposed law in the 2011 Texas Legislative Session which would allow patients to use an “affirmative defense” against charges of possessing marijuana. In the current legislative session, Rep. Naishtat may reintroduce the bill favoring a medical marijuana defense.
If the bill is successfully introduced and passed, the Texas Legislature would rightfully respect Texas’ traditional libertarian ideal of promoting individual liberty against an overreaching federal government–a federal government that disallows any medical use of Marijuana. Also, if Texas legalizes medical marijuana, Texas would proudly join every other state that borders Mexico as a state that has some form of medical marijuana law. In my judgment, each of our fellow border-states has passed medical marijuana laws partly because such a close proximity to Mexico has given the states first-hand knowledge of the ineffectual and often deadly results that a total criminalization of Marijuana creates. Other border-states have realized that by taking new approaches to marijuana policy, including creating a legal market for patients, they would undercut a thriving black market on both sides of the border. It is high time Texas realizes the same.
By contacting Rep. Naishtat’s Office, you can voice your support for the reintroduction of Medical Marijuana Bill. Until such a law provides some clarity for criminal defendants, a case involving marijuana remains a complicated area for individuals charged with possession.
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Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301. www.ggglawfirm.com.
Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.