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Man charged with marijuana possession even with prescription

On Jan. 10, it was reported that a man was facing two felony drug charges after a Texas police officer pulled his vehicle over for speeding. The man was accused of being in possession of marijuana and edible cookies, both of which are legal with a prescription in his home state of California.

The man was reportedly traveling from his home to visit his granddaughter, who was suffering from Stage 4 Hodgkin's Lymphoma. After being pulled over, he admitted to the officer that he had a pipe in the car, providing probable cause for the officer to search the vehicle. After recovering four ounces of marijuana and the edibles, the man was taken to Wise County Jail. He posted a portion of his bond.

He stated that he would not accept a plea deal as he did not believe that he had done anything wrong since he had a prescription for the marijuana and edibles. He also stated that the marijuana helped him deal with complications and lingering pain from triple bypass surgery and from surviving polio. However, it should be known that possession of marijuana is not protected under federal law and crossing state lines with marijuana is illegal.

When a person is charged with drug possession, they could potentially face serious consequences, including a jail sentence even if they have a prescription in another state. In Texas, for example, a person can face a 4th Degree Felony if they are found in possession of less than a gram of marijuana. A criminal law attorney may assist with creating a strong defense for the person depending on the circumstances surrounding the case.

Source: KHOU, "California grandfather charged for medical marijuana in Texas," Drew Karedes, Jan. 10, 2017

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