Brittany Griner detained in Russia

You are correct in that “processed” drugs are punished more severely here in Texas. But… its hash.

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Actually, under TX law, possession of marijuana is a felony only if over 4 ounces (and that’s a good deal of pot!!!).

OTOH, tetrahydrocannabinol, other than marijuana, in any form (vape oil, resin, brownies, etc) is an automatic felony in any amount.

Hash qualifies as tetrahydrocannabinol, other than marijuana, and is a felony to intentionally or knowingly possess in ANY amount.

HOWEVER, the new industrial hemp laws in Texas, which define cannabis with less than a certain level of THC as industrial hemp, have created some ambiguity.

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People have had 99 yr.sentences handed down for a joint. Absolutely crazy and ridiculous and injust.

It depends.

What if they’ve already been to the pen twice consecutively, once for robbery, and once for evading arrest in a vehicle?

In that case, they would be defined under TX law as a “habitual offender,” making their next 3rd degree or higher felony an automatic 25 years to life punishment range, if convicted.

Suppose they get caught knowingly possessing 5.5 pounds of pot in their backpack after those two prior felonies.

They’ll be looking at 25 to life if convicted, because possessing over 5 pounds of pot is a 3rd degree felony.

We are talking a joint. 3 strikes. Say if they did have other crimes and served there time. Why punish them for 99 yrs in prison. They paid there debt to society for the other crimes. I believe 3 strikes is a act of injustice
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Impossible under TX law.

Possessing a joint would only be a Class B misdemeanor.

For that, the most you can get is six months in the County Jail, and a fine.

Anyone who tells you that people in TX can get 99 years for possessing a single joint…is full of poo-poo.

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And even for delivery of marijuana, you have to have to be either a) a habitual offender caught delivering over five pounds, OR b) be caught delivering more than 50 pounds if not a habitual offender to even be subject to a punishment range like that.

And as practical matter, the odds of actually getting a sentence that long as a pot dealer are small.

Maybe under FLORIDA law (that case is out of Florida, I’d have to research their drug laws), but as I said, IMPOSSIBLE under TX law.

A single joint won’t get you a long sentence in TX.

Also, that case doesn’t say “a single joint.”

It says MARIJUANA TRAFFICKING…and if Florida’s drug laws are anything like Texas’…he’d have to be trafficking a HUGE volume of pot to be eligible for a sentence like that.

As I said…edibles (such as brownies) are considered to be “tetrahydrocannabinol, other than marijuana,” which is an automatic felony in ANY amount.

If he sold more than 400 grams of THC brownies (which would be a 1st degree felony amount), then he could POSSIBLY face a sentence of 5-99 years. The only other possibility is if he sold over a gram AND was a third time felony offender with two prior consecutive pen trips, which could get him 25 to life.

But ONLY under those circumstances. And he likely wouldn’t get a sentence that long. He’ll most likely get 5-15 years from most TX juries. As a habitual offender, maybe 25 to 30. If he’s a first time offender, he might even get probation…or perhaps a plea bargain to deferred adjudication, depending on how generous that prosecutor’s office is.

You do NOT get a possible sentence like that for a mere joint.

That’s simply a lie.

If anyone tells you that, then you tell him that THIS felony prosecutor called him a liar.

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Life 1.5 ounces, just insane, I know what your going to say prior felony. shouldn’t have anything to do with this type of sentencing

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Again, not Texas.

I’d have to research Mississippi law.

Under TX, he would only be eligible for a life sentence for that amount of marijuana if he were a habitual offender (meaning two or more prior 3rd degree or above felonies with penitentiary time, and served consecutively) AND were selling/delivering it.

Even then…he probably wouldn’t get a sentence that long in TX.

He’d most likely get 25 to 30 years…and be eligible for parole in 7-8 years.

Now if it’s THC other than marijuana (vape oil, hashish, brownies, etc), then it’s a different calculus.

But assuming it’s marijuana, and it’s just possession (as opposed to delivery), then no.

In that case, even a habitual offender is looking at a Class B misdemeanor with possibly a little County Jail time and maybe a fine…and maybe nothing in Harris County.

Bottom line is this:

In TX, if all you have is a joint, and you’re not selling or delivering it…you won’t face a long sentence.

Even if convicted, you’re probably going to get probation or a fine; you might even get a pre-trial diversion or deferred adjudication if you’re a first time offender.

In fact, in Harris Co, they might even let you go. Since TX passed its industrial hemp law, I’ve heard that Kim Ogg has become extremely reluctant to prosecute pot at all.

Last time I looked Mississippi is part of these United States It’s an injustice no matter what state.

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Take it up with the Mississippi legislature then.

SMH very callous attitude toward’s injustice cold-hearted I get it your Prosecutor. I would think you have an interest in seeing justice served righteously. Difference between justice and righteousness. :thinking::thinking::thinking::thinking::thinking::thinking:

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As a prosecutor, I’m all about justice.

I agree, that life sentence for 1.5 ounces is unjust.

Those Mississippi legislators need to change the laws there, if they allow for such a result, and the appeals courts will hopefully shorten it.

Unfortunately brings back memories of Lee Otis Johnson and Gov Preston Smith and the “frijoles” incident at the UC. Complete travesty of justice.

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