As a criminal defense and drug possession¬†attorney who handles numerous drug/marijuana cases I have an obligation to keep up with current pending legislation and changing attitudes toward the laws of our state. Many of my clients think marijuana is about to be “legalized” in Texas or at least decriminalized. Many tell me they don’t think judges and prosecutors will care about a little bit of marijuana since laws have changed in places like Washington and Colorado.

Unfortunately, Texas courts do not care what is going on in other states. I handle marijuana cases everyday and I have seen very little change in the attitudes of prosecutors and judges. They all still believe that since it is still illegal in this state there’s no reason to treat defendants differently. That does not mean I can’t get these cases dismissed, I usually can. But many of my clients are surprised they are prosecuted at all for marijuana charges.

There may come a day when marijuana is legalized in Texas for certain situations but I don’t see that happening anytime soon. Any such proposed legislation grabs headlines in Texas but in reality it will be several years before it is implemented.