The Facts: At 9:00 AM on the morning of Friday, November 26, 2010, music legend Willie Nelson was arrested for possessing six ounces of marijuana. Traveling from California to Austin, Texas, Nelson’s tour bus was stopped and detained at a Border Patrol checkpoint in Sierra Blanca, Texas. Patrol spokesman Bill Brooks says an officer smelled pot when a door was opened on the Country singer’s bus.

A search uncovered marijuana. Nelson was among three people arrested after patrol contacted the Hudspeth County sheriff. Sheriff Arvin West did not immediately respond to a phone message left at his home Friday, but he did comment to the El Paso Times that Nelson claimed ownership of the marijuana. Nelson was held briefly at the Hudspeth County Jail on a $2,500 bond before being released. 

The Law: Drug possession is a serious criminal charge in Texas. If charged under the possession law, it means that the state has accused a person of carrying or having access to a controlled substance. Drug possession includes finding drugs in a person’s pockets or anywhere else on the body. Charges may also be brought under a claim of “constructive possession.” That means the drugs were in a place that you normally control or could easily reach. Such places may include a vehicle, apartment, or the cushions of a couch where you were sitting.

The legal definition of marijuana possession is defined by Texas Health and Safety Code. Marijuana is in its own category in the possession law and, for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds. Marijuana possession is at least a misdemeanor criminal charge under Texas law. Possession of greater than four ounces carries a penalty of 180 days to two years in jail and a fine up to $10,000.  Texas also does not consider marijuana as a legal medical drug. If an individual is arrested while possessing marijuana, then no medical card or doctor's note will stand as a valid defense. Any individual found in possession of marijuana will be charged on a criminal platform. 

The Analysis: Unfortunately, what makes this scenario destined for public mockery is the fact that it’s Willie Nelson who got busted. The guy is in his late 70s and has made no secret of his appreciation for pot. In fact, this is not even the first time that Willie’s been arrested for possession. In 2006, he was arrested in Louisiana for possessing 1.5 pounds of marijuana and three ounces of hallucinogenic mushrooms. With a guilty plea, he was put on probation for six months and issued a $1,024 fine in that case. 

This latest incident has gained a whole new level of public attention through the use of social networking sites. Indeed, Willie has even thrown his bandana into the fight for the legalization of marijuana by starting his own “party” on Facebook. After his arrest, Nelson responded in an email to a pro-marijuana site and was quoted as saying, "There's the Tea Party. How about the Teapot Party? Our motto: We lean a little to the left... Tax it, regulate it and legalize it." With more than 8,000 “likes” on the Teapot Party fan page, Willie is stirring the pot (forgive the pun) regarding public views on marijuana possession and use. 

In American society, marijuana is probably the most accessible and socially tolerated of controlled substances. From old school Cheech and Chong movies to “Pineapple Express,” Americans cheer the misadventures of lovable stoners.” A college student sleeps in peace under the calming gaze of a Bob Marley poster hanging on the wall. Even with such a profound presence in pop culture, it should not be forgotten that a relaxed, comical perception of marijuana does not make it legal. 

Willie would even have a hard time with a medical marijuana defense regardless of the fact that the marijuana was grown in the more “pot-friendly” state of California. Despite what Bruce Margolin, director of the L.A. chapter of NORML, considers to be a winning argument, Texas does not recognize the medicinal value of marijuana and will likely not let Willie slip by with an argument that he “forgot” it was on the bus.

Given the somewhat comical nature of the situation surrounding Willie Nelson, it is easy to lose focus on the seriousness of the issue concerning drug possession. Getting caught with marijuana can carry severe consequences and will haunt you on record forever. Many celebrities seem to walk away from such charges unscathed, but for those who do not have an extra couple thousand dollars to post on a bond or the time to spend locked up in jail, that weed induced sense of Buddha consciousness hardly seems worth the trouble.