Necessary Knowledge About Texas Law and Marijuana Possession

The FBI’s Uniform Crime Reporting Data indicated that up to 50 % in the drug arrests in the us are marijuana related. In Texas, many of these arrests are for nonviolent possession of marijuana in control – usually for personal recreational use. Because of this you will be facing prison time even with getting small amounts of:

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

There are several parts of the cannabis plant or marijuana-related substances that aren’t counted as illegal under section 481 of Texas Safety and health Code. They are:

• Cannabis seeds not capable of germination due to sterilization
• Cannabis resin
• Mature stalks from the cannabis plant
• Oil or cake created from the seeds in the cannabis plant
• Oil or cake produced from the mature stalks from the cannabis plant

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

When facing a cost for pot possession, remember you aren’t automatically guilty. You’ll find rules, definitions, and procedures the prosecution has to follow. A very important factor the prosecution must prove beyond a good doubt is basically that you were in actual or constructive possession. These definitions are important in terms of proving your guilt inside a possession case, and therefore are looked as follows:

Actual Possession – Alleged offender had actual, physical treating the weed. This specifically describes in the event the individual been with them within their hands, on their person, or in a container on their person say for example 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 of the substance, AND
• Had intent to take physical control or actual having the substance

Because of the specificities of these definitions, you will need to take note of precisely what happens and, whenever possible, record it. Additionally, you have several rights as a possible accused offender, including protection from unreasonable search and seizure and directly to due process; certain details for yourself may be critical in determining if your rights were respected. An experienced Texas dui attorney will help determine both factors of possession as well as the protection of your respective rights in your case.

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