I have lived in Texas my whole life and the marijuana laws are not as strict as many of you make them out to be, are we as tolerant as other states in the NW and NE? No, but we have made tremendous strides in recent years and since September anyone caught with 4oz or less is a misdemeanor and the officer has the discretion to write a ticket and not take the person in, not great but much better then the old antiquated laws of being locked up. The problem this person made was not knowing the laws and especially having a criminal record and not knowing the laws. I know this doesn't justify 35 years but the guy made a very very poor choice by carrying that much with him, especially having priors.
I have forwarded this to my state rep and encouraged him to fight for the decriminalization of marijuana. I don't feel my congressman or senator has any business dealing with this issue as it is a state issue not a federal.
The following is a summary of Texas MJ laws, I know they are severe compared to other areas but they are much better than we had in the recent past. These are maximum punishments and should not reflect the norm, alot of it is going to depend on the judge. Progress sometimes takes little steps at a time, but progress is progress. I will continue the fight through letter writing and membership in my local NORML chapter.
Possession
2 oz or less* class B misdemeanor 180 days $2,000
2 to 4 oz* class A misdemeanor 1 year $4,000
4 oz to 1 lb* state jail felony 180 days - 2 years $10,000
1 to 5 lbs state jail felony 180 days - 2 years $10,000
5 to 50 lbs felony of the third degree 2 - 10 years $10,000
50 to 2,000 lbs felony of the second degree2 - 20 years $10,000
More than 2,000 lbsfelony5 - 99 years $50,000
* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.