Essential Information On Texas Law and Marijuana Possession

The FBI’s Uniform Crime Reporting Data indicated that nearly half of the drug arrests in the us are marijuana related. In Texas, a number of these arrests are for nonviolent having marijuana in a small amount – usually for private recreational use. This means that you will be facing time in jail in spite of possessing small quantities of:

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

There are some areas of the cannabis plant or marijuana-related substances that are not counted as illegal under section 481 of Texas Safe practices Code. They’re:

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

However, you ought to know that possessing these legal substances may result in a deeper investigation to find out should you be and in getting illegal elements of the marijuana plant. Additionally, possession of anywhere of illegal aspects of the marijuana plant – also called pot, weed, bud, ganja, reefer, and chronic – may result in additional charges of drug paraphernalia possession or distribution charges.

When facing a charge for pot possession, remember about to catch automatically guilty. You will find rules, definitions, and procedures the prosecution has to follow. Something the prosecution must prove beyond a fair doubt is that you were in actual or constructive possession. These definitions are necessary with regards to proving your guilt in a possession case, and therefore are looked as follows:

Actual Possession – Alleged offender had actual, physical control of the weed. This specifically refers to if your individual been there inside their hands, on his or her person, or perhaps in a container on their own 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 control over the substance, AND
• Had intent to consider physical control or actual possession of the substance

Due to the specificities of these definitions, you should focus on anything that happens and, when possible, record it. Additionally, you have several rights as an accused offender, including defense against unreasonable search and seizure and directly to due process; certain details available for you might be crucial in determining regardless of whether your rights were respected. A professional Texas criminal defense attorney might help determine the two factors of possession along with the protection of one’s rights in your case.

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