Fundamental Info On Texas Law and Marijuana Possession

The FBI’s Uniform Crime Reporting Data established that almost half of the drug arrests in america are marijuana related. In Texas, several arrests are suitable for nonviolent getting marijuana in control – usually for private recreational use. This means that you could be facing prison time in spite of possessing small quantities of:

• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt through the cannabis plant or its seeds
• Any mixture or preparation of the cannabis plant or its seeds

There are a few aspects of the cannabis plant or marijuana-related substances that are not counted as illegal under section 481 of Texas Health and Safety Code. These are generally:

• Cannabis seeds incapable of germination because of sterilization
• Cannabis resin
• Mature stalks of the cannabis plant
• Oil or cake made out of the seeds in the cannabis plant
• Oil or cake made out of the mature stalks of the cannabis plant

However, a person that possession of these legal substances can lead to a deeper investigation to find out should you be and in possessing illegal areas of the marijuana plant. Additionally, possessing any amount of illegal elements of the marijuana plant – also referred to as pot, weed, bud, ganja, reefer, and chronic – may lead to additional charges of drug paraphernalia possession or distribution charges.

When facing a charge for pot possession, remember you aren’t automatically guilty. You can find rules, definitions, and procedures the prosecution is required to follow. Another thing the prosecution must prove beyond a reasonable doubt is that you simply were in actual or constructive possession. These definitions are important with regards to proving your guilt within a possession case, and are understood to be follows:

Actual Possession – Alleged offender had actual, physical control over the weed. This specifically identifies in the event the individual been there of their hands, on the person, or even in a container on their person such as a purse.

Constructive Possession – Alleged offender had weed within their presence and
• Were aware the substance was illegal, AND
• Were physically able to take control over the substance, AND
• Had intent to consider physical control or actual getting the substance

Due to the specificities of these definitions, you will need to look closely at precisely what happens and, whenever possible, record it. Additionally, you have several rights just as one accused offender, including protection from unreasonable search and seizure and to due process; certain details for you personally might be important in determining regardless of whether your rights were respected. A skilled Texas criminal attorney can help determine both the factors of possession along with the protection of one’s rights for yourself.

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