The provision introduces a stricter penalty – up to 10 years imprisonment – for possessing a measure in a significant amount , while it does not define the concept itself. Courts trying to cope with such a vaguely defined concept tried to determine the amount that can be considered significant, for example pointing to 2 kg of active substance, of which the mass may be created several dozen portions of the measure.
A fine, restriction of liberty or imprisonment for up to one year is foreseen for the perpetrators in the event of a minor offense . Also in this case, the legislator did not clearly specify the amount of the drug, which allows to qualify as a deed of lesser importance. Sadly, Sady does not consider only the amount of a drug sufficient to meet the needs of the perpetrator – for example 1 g of marijuana, but also assess the social harmfulness of the act by examining, among others, the size of the damage caused or threatened, the manner and circumstances of the act and the motivation of the perpetrator.
Contact Daniel K. Peugh, Attorney at Law a criminal law firm located in Denton, Texas.