Essential Details About Texas Law and Marijuana Possession

The FBI’s Uniform Crime Reporting Data established that almost half of the drug arrests in the usa are marijuana related. In Texas, a number of these arrests are for nonviolent having marijuana in small amounts – usually for personal recreational use. This means that you’re likely to be facing time in jail despite possession of little:

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

There are several areas of the cannabis plant or marijuana-related substances that aren’t counted as illegal under section 481 of Texas Protection Code. These are generally:

• Cannabis seeds not capable of germination on account of sterilization
• Cannabis resin
• Mature stalks with the cannabis plant
• Oil or cake produced from the seeds with the cannabis plant
• Oil or cake made out of the mature stalks with the cannabis plant

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

When facing electrical for pot possession, remember you’re not automatically guilty. You can find rules, definitions, and procedures the prosecution must follow. One thing the prosecution must prove beyond a good doubt is that you simply were in actual or constructive possession. These definitions are important with regards to proving your guilt in the possession case, and they are thought as follows:

Actual Possession – Alleged offender had actual, physical treatments for the weed. This specifically refers to in the event the individual had it of their hands, on the person, or in a container on the person say for example a purse.

Constructive Possession – Alleged offender had weed inside their presence and
• Were aware the substance was illegal, AND
• Were physically capable of taking charge of the substance, AND
• Had intent to adopt physical control or actual getting the substance

Due to the specificities of these definitions, you should take note of precisely what happens and, when possible, record it. Additionally, you have several rights as a possible accused offender, including protection from unreasonable search and seizure and right to due process; certain details for yourself might be important in determining regardless of whether your rights were respected. A seasoned Texas defense attorney will help determine the two factors of possession along with the protection of your rights in your case.

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