Many states have legalized or decriminalized the use of marijuana or cannabis. However, possession, sale, and cultivation of marijuana remain illegal in Texas - save for specific medical exceptions. It is also strictly against Texas law to drive while under the influence of cannabis.

Driving after smoking or otherwise consuming a marijuana product can lead to charges for driving while intoxicated (DWI). If an individual has cannabis inside the vehicle, he or she can face additional charges for drug possession.

If you or someone you care about has been charged with DWI involving marijuana or another marijuana-related offense, do not make the mistake of underestimating the seriousness of the situation. These offenses can lead to jail time, steep fees, and irreparable damage to your personal and professional reputation. Contact a criminal defense lawyer for help defending yourself against the charges.

When people think of criminal offenses related to drug possession, they often only consider one type of possession: active possession. But there is another type of drug possession that you should be aware of called constructive possession. Understanding the differences between active and constructive drug possession can help you understand your legal rights in the event that you are charged with a drug crime. In this blog, we will take a closer look at active and constructive drug possession in the context of a drug possession case.

What Is Active Drug Possession?

Active drug possession means that an individual has physical control over or immediate access to a drug or controlled substance. It is considered the most common form of drug possession. For example, if the police search your backpack and find drugs in the side pocket, you would likely be charged with active possession because you had physical control over those drugs.

What Is Constructive Drug Possession?

Constructive drug possession occurs when someone knowingly has ownership, dominion, or control over a controlled substance but does not have it on their person. In other words, even though an individual may not physically possess the drug themselves, they can still be charged with constructive drug possession if they allegedly had knowledge about the presence of drugs and intended to exercise some form of control over them.

In recent years, there has been a great deal of public debate about the power and authority given to police officers in various situations. Among these concerns is the issue of conducting a search for controlled substances and illicit drugs.

The Fourth Amendment to the United States Constitution promises American citizens the right to be free from “unreasonable searches and seizures” of their homes, papers, effects, and persons. The same amendment also specifies that all warrants must be based on probable cause, and they must describe in detail “the place to be searched and the persons or things to be seized.” If you are facing charges based on evidence found during an illegal or unreasonable search, an experienced criminal defense attorney may be able to get the case against you dismissed.

Consent Supersedes Everything Else

Most people will never have the police come to their house wanting to conduct a search. It is much more common, however, for such a situation to develop during a traffic stop. If you have been stopped by the police, and the officer wants to search your vehicle, they will almost certainly start by asking for your permission. If the officer obtains your clear consent, the search becomes lawful, and you will no longer have the option of challenging the evidence on the basis of an unlawful search.

If a person is pulled over on suspicion of driving while intoxicated (DWI) in the state of Texas, there is a good chance that they will be asked to take field sobriety tests. These tests will involve certain types of physical tasks that are meant to help determine a driver's level of impairment and whether they have been drinking alcohol or have used other substances that have affected their ability to operate a vehicle safely. It is important to understand the role that field sobriety tests will play in a DWI case, including their purpose, their validity, and when they can be refused.

Understanding Field Sobriety Tests

When a police officer pulls a driver over because they believe the person may be intoxicated, they will observe the person and look for a reason to perform an arrest. To establish probable cause, or a strong belief that a person has violated the law, the officer may ask the driver to submit to field sobriety tests. These tests are designed to measure an individual’s physical coordination and their ability to follow instructions.

There are three types of standard field sobriety tests (SFSTs) that have been approved by the National Highway Traffic Safety Administration (NHTSA). The horizontal gaze nystagmus (HGN) test will involve an officer asking a person to follow an object with their eyes as they look for involuntary movements. In the walk-and-turn test, a driver will be asked to take several heel-to-toe steps in a straight line, turn around, and walk back to their original position. The officer will be watching to see if the person loses their balance or is unable to follow directions correctly. The one-leg stand test will require a person to stand with one foot raised off the ground for 30 seconds, and if they lose their balance or put their foot down, this may be seen as an indication that they are intoxicated.

Every year, the Texas legislature and the federal government pass new laws, and in many cases, these laws go into effect on January 1 of the following year. Keeping abreast of changes to the law is not always easy, but in some cases, it can be important to understand how these changes may affect the lives of regular people. One law that recently went into effect involved the Protective Order Registry of Texas (PROTECT), which is a database of orders of protection that are issued in cases involving domestic violence and some other types of crimes. 

What Is the Protective Order Registry of Texas?

In 2019, the Texas legislature passed a bill known as "Monica's Law," which was named after a woman who was murdered by an ex-boyfriend. In this case, the ex-boyfriend had a history of domestic abuse, and he had previously had protective orders issued against him. However, law enforcement officials in the county where the murder occurred did not have access to information about the previous protective orders, and they did not respond appropriately to help prevent violence from occurring.

In response to this issue, Monica's Law created a registry of protective orders that have been issued in the state of Texas. This registry is maintained by the Texas Office of Court Administration, and there are a variety of different types of protective orders that must be entered into the system. These include temporary "ex parte" protective orders, final protective orders issued by a court, magistrate's orders for emergency protection, and even applications for protective orders. Law enforcement officials and others involved in the criminal justice system can access this registry, including police officers, prosecutors, and court clerks. The general public has limited access to the registry, and information about a particular order will only be available if the victim in the case has given authorization.