K2 is Now Illegal in Texas

September 2, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

The Texas Legislature in 2011 has made possession of the synthetic form of marijuana, popularly known as “K2” illegal. Synthetic cannabis blends have been around for the past decade or so.  Many think they achieved an effect through a mixture of legal herbs. In reality, it contains synthetic cannabinoids which act on the body in a similar way to cannabinoids naturally found in cannabis, such as THC.

The penalties for possession of K2 are no different than for possession of marijuana.  That is, it can be either a class a or class b misdemeanor depending on the amount possessed.

The same legal definition of possession applies as with any drug.  That is, possession is defined by Texas Penal Code 1.07(39) as actual care, custody, management or control.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation you should consult an attorney directly.  Contacting the attorney through this forum does not constitute legal representation and contact information is not privileged.

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Drug Free Zones

November 23, 2010

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

Drug free zones are areas created by the legislature where, if drugs are illegally possessed, criminal penalties increase.

Texas Health and Safety Code Section 481.134 governs drug-free zones.  As a rule of thumb, illegal possession of drugs such as marijuana, methamphetamine, or prescription drugs will increase the normal punishment range one level.  As an example, possession of a usable quantity of marijuana under 2 ounces is a Class B misdemeanor in Texas, but if the possession is in a ‘drug free zone,’ the case can be filed as a Class A misdemeanor.

Drug free zones are created several different ways.  Schools, playgrounds and even video arcades can be considered as drug free zones.  Not only are these types of places drug free zones, but the area surrounding them can be drug free zones as well.  Section 181.134 holds that 1000 feet around schools are drug free, and 300 feet around public swimming pools or arcades are as well.

As you can see by reviewing 181.134, it can be highly technical in both how it defines drug free zones and with how it increases penalties.

If you or a loved one is charged with possession of drugs in a drug free zone, it is important that you have an attorney that understands the highly technical nature and the importance of the drug free zone allegations.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation, you should directly consult an attorney.

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