Significant Information About Texas Law and Marijuana Possession

The FBI’s Uniform Crime Reporting Data indicated that almost half of the drug arrests in the United States are marijuana related. In Texas, many of these arrests are suitable for nonviolent having marijuana in control – usually for private recreational use. This means that you could be facing jail time despite having possession of small quantities of:

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

There are many aspects of the cannabis plant or marijuana-related substances which are not counted as illegal under section 481 of Texas Health and Safety Code. They are:

• Cannabis seeds incapable of germination due to sterilization
• Cannabis resin
• Mature stalks in the cannabis plant
• Oil or cake produced from the seeds in the cannabis plant
• Oil or cake produced from the mature stalks in the cannabis plant

However, you ought to know that possession of these legal substances may lead to a deeper investigation to determine if you’re also in possession of illegal elements of the marijuana plant. Additionally, getting any amount of illegal aspects of the marijuana plant – also known as pot, weed, bud, ganja, reefer, and chronic – can result in additional charges of drug paraphernalia possession or distribution charges.

When facing a charge for pot possession, remember you aren’t automatically guilty. You’ll find rules, definitions, and operations the prosecution is required to follow. A very important factor the prosecution must prove beyond a reasonable doubt is that you were in actual or constructive possession. These definitions are necessary in relation to proving your guilt inside a possession case, and they are thought as follows:

Actual Possession – Alleged offender had actual, physical control over the weed. This specifically refers to if your individual been there in their hands, on their own person, or perhaps in a container on his or her person say for example a purse.

Constructive Possession – Alleged offender had weed of their presence and
• Were aware the substance was illegal, AND
• Were physically capable of taking power over the substance, AND
• Had intent to look at physical control or actual having the substance

Due to specificities in these definitions, you should look closely at precisely what happens and, whenever possible, record it. Additionally, you have several rights being an accused offender, including protection from unreasonable search and seizure and right to due process; certain details for yourself might be essential in determining whether or not your rights were respected. An experienced Texas criminal defense attorney might help determine the factors of possession and also the protection of the rights for you personally.

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