Lubbock attorneys urge caution as New Mexico legalizes recreational marijuana use

LUBBOCK, Texas (KCBD) – As a New Mexico law legalizing the sale of recreational cannabis went into effect at the start of April, Lubbock criminal defense attorneys are warning you about the consequences that are still in effect for possessing the drug here in Texas.

Business is already budding at dispensaries in Clovis and Tucumcari, New Mexico. Criminal defense attorney Kris Espino says it’s inevitable people will try to bring the drug back here to the South Plains.

“They tend to be college kids, or people in their twenties, and in all honesty I think the vast majority of them have no idea how serious what they’re doing is. You run the risk of being 21, 22 years old, and a convicted felon,” he said.

Last year, the New Mexico legislature paved the way for people 21 and older to buy two ounces of cannabis, or its equivalent in other forms. In the lone star state, that’s a Class B misdemeanor.

Criminal defense attorney Stephen Hamilton says the repercussions are even harsher if you’re in possession of a THC infused substance. He says things like edibles and liquid THC don’t fall under Texas’ marijuana statute, but the Controlled Substances Act, which means if you have a bag of edible gummies, you’re not charged for the THC percentage, but the weight of the entire bag.

“Now that person is looking at a second degree felony in Texas, with the possibility of a minimum two year prison sentence, up to 20 years in prison, and that’s the response people have, they’re like holy cow you’re kidding me right?” he said.

“That liquid THC pen that you have, that you might think you can pass off as a vape, or whatever it is, that’s a walking felony,” Espino said.

Even if you do the drugs legally in New Mexico, Hamilton warns a drug test from your employer could end in you getting fired. He says being a marijuana user could affect your ability to own a gun, too. It could make you part of an excluded class in the eyes of the law, an addict.

“So, that federal background check is very specific. If you’re a user of marijuana, then you can be excluded. So when you try to purchase that gun, if you say no I’m not a user, right, then that can be a false statement under federal law which is up to a five year sentence,” Hamilton said.

Even if you aren’t charged with a felony, Espino says the consequences add up.

“You’re in handcuffs. You’re spending at least a night in jail. You’re spending Lord knows how much on the bonding company. You’re hiring somebody like me to then represent you. It’s already right there before you’re even officially charged, those are some pretty serious consequences you’re looking at.”

DPS Sergeant Johnny Bures says there won’t be more patrols on the roads to New Mexico specifically for this reason, but troopers will continue to enforce the law. Hamilton warns troopers may start asking more questions, though. Espino says they know what to look for, and will pull over young people and people travelling in groups, or tell-tale bumper stickers.

“Then they start asking, the police will ask questions, and where are you coming from? And have you been in Colorado? Or, now we’re going to hear have you been to New Mexico? And do you use it? Do you have it? Come on, you know I’m going to find it. Just make it easy on you, go ahead and tell me where it is, that type of thing,” Hamilton said.

Espino also warns you not to bring any marijuana or THC products into Texas with you on an airplane.

“Even if it’s legal in New Mexico, even if it’s legal in Colorado, it isn’t legal under the laws of the United States government, either. So, you’ve also got the feds out there, as well,” he said.

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