There’s been a discussion of how will the cops handle cases where there is hemp and want to treat it like marijuana. It’s not a new issue. Everybody has a way they think it should play out. It doesn’t. Cops are treating hemp like marijuana and so is the court if you don’t have the time and money. Basically, if you’re poor and don’t have time, you’re facing time and monetary punishment for possession charges. Possibly paraphernalia charges as well.
Amanda Martinez faces this very dilemma. Her family decided it needed to move after the state (via the Department of Family Protective Services -DFPS) was concerned about giving her child legal hemp to help in solving problematic autistic behaviors. Rather than stay, having her family torn apart by an ill-informed agency, they moved to Colorado. That trip compounded the issue at hand.
The police stop during the move
Being given the opportunity to leave and go somewhere better seemed a relief. Until the police pulled the family over in Scurry County. The officer involved found a herb grinder in the family’s vehicle. A grinder used to make the hemp usable in a capsule form for their child. A grinder with less than a gram of material to test.
Because any hemp flower purchased is going to have THC content, current roadside tests will always be positive. The officer will treat it as marijuana once that test comes back positive. From there the driver was arrested and subsequently released on bail. A court date was set for March 2020.
The court hearing
The family proceeded to court hearings. This is how it played out. Because they didn’t have the labs at the time of arrest, the case was not dismissed. The way the smaller towns/counties are reading the law is you’re required to have the hemp manifest on hand along with lab reports. They were informed that you have to give it to the cop right then and there to prevent possible arrest. And depending on the officer, you can still be arrested.
Martinez stated online, “I tried my absolute HARDEST to fight to the point I was told if I didn’t calm down then I would be arrested for disorderly conduct (which should have been contempt) and threats to a government official (because I said I was going to sue the county). “
She posted online that the fine for the possession charge was $750 plus court costs, deferred for 60 days. In a discussion with Ms. Martinez, Texas Cannabis Collective found out that there was also a $600 drug paraphernalia charge for the grinder. Court cost is $250 and that brings the total to $1600. They have less than 57 days at this point to come up with the funds.
But you have rights!
Of course, you do. If you can afford them.
Welcome to the modern court system if you didn’t already have an idea about it. The question you may have thought about in your mind is, “Why didn’t they get an attorney to settle this quickly?”
People need to understand that the average attorney wants roughly $12-15 thousand dollars on retainer to start with your case. That was the asking price of the attorney’s in Scurry county where this incident took place. The family does qualify for a court-appointed attorney under the claim of being indigent. Her family was also informed for them to get a court-appointed attorney, they may be waiting anywhere from six to 12 months.
Of this Martinez stated, “6-12 months to get a court-appointed attorney wasn’t in our best interest because it would have cost so much in gas just coming back and forth (from Colorado) just to have it reset a lot. “
Lawyers for this type of situation can be found for under 12 thousand dollars, but they are few and far in-between. It depends on the county as well. There are counties where regardless of the amount of money you’re willing to spend, will an attorney take your case. They risk severing their good standing with the city/county judge.
Yes, the burden of proof is to be on the state, good luck making sure it stays that way if you cannot afford an attorney of the cost of travel.
You can help a member of the community.
Amanda Martinez is part of the TXMAMMA – Mothers Advocating Medical Marijuana for Autism. She has been at the capitol on lobby days and during committee hearings with testimony. She is a strong advocate for the movement in the state of Texas.
The Martinez family has a GoFundMe set up to help cover the cost of this injustice bestowed upon her family by the court. Texas Cannabis Collective has a community of over seven thousand people as a group and a page with over 30 thousand people following it. If just a fraction of that donated between $1 and $5, it would not take long to help this family out. It doesn’t take much to help someone in the community.