It is a well-known point of law that ignorance of a law does not excuse a person who has broken it. However, breaking a law in one jurisdiction by engaging in activity that’s legal in another can happen with relative ease. A recent example in the news comes from a California man facing drug charges here in Texas for possessing medical marijuana.
On Jan. 1, a 67-year-old resident of California was stopped by police in Decatur for allegedly speeding while driving to Houston to visit his granddaughter in a hospital. The man admitted to the officer that he was in possession of a pipe, but that he had a prescription from his doctor for marijuana for treatment of pain and other side effects from a variety of medical issues, including bypass surgery and polio. He claims to have been using prescription marijuana for 10 years.
Citing the admission as probable cause, the officer and a canine partner searched the man’s vehicle. Four ounces of marijuana and a quantity of marijuana cookies were found in the trunk of the vehicle. He was arrested and spent one night in jail before posting bond. He has been charged with two felony counts.
This unfortunate man now finds himself in an upsetting predicament and is justifiably concerned he could end up in prison for something legal in his home state. All drug charges are very serious matters and should be treated as such, no matter the circumstances. Engaging the services of a criminal defense attorney experienced with drug law in Texas may be a wise decision for anyone facing a similar predicament.
Source: kiiitv.com, “California grandfather charged for medical marijuana in Texas”, Jan. 12, 2017