Key Understanding Of Texas Law and Marijuana Possession
The FBI’s Uniform Crime Reporting Data showed that almost half in the drug arrests in the us are marijuana related. In Texas, many of these arrests are suitable for nonviolent possession of marijuana in small amounts – usually web hosting recreational use. Which means you will be facing incarceration even with possession of little:
• 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 some parts of the cannabis plant or marijuana-related substances which aren’t counted as illegal under section 481 of Texas Safe practices Code. These are:
• Cannabis seeds unfit to be germination as a result of sterilization
• Cannabis resin
• Mature stalks from the cannabis plant
• Oil or cake made from the seeds with the cannabis plant
• Oil or cake made from the mature stalks in the cannabis plant
However, you should be aware that having these legal substances may result in a deeper investigation to determine if you are also in getting illegal parts of the marijuana plant. Additionally, getting anywhere of illegal areas 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 electrical for pot possession, remember you are not automatically guilty. There are rules, definitions, and operations the prosecution must follow. Something the prosecution must prove beyond an acceptable doubt is that you simply were in actual or constructive possession. These definitions are crucial when it comes to proving your guilt in a possession case, and they are defined as follows:
Actual Possession – Alleged offender had actual, physical control of the weed. This specifically describes if your individual had it inside their hands, on their person, or in a container on the person such as a purse.
Constructive Possession – Alleged offender had weed within their presence and
• Were aware the substance was illegal, AND
• Were physically capable of taking control over the substance, AND
• Had intent to take physical control or actual having the substance
As a result of specificities of these definitions, you should pay attention to anything that happens and, whenever possible, record it. Additionally, there are several rights being an accused offender, including protection from unreasonable search and seizure and directly to due process; certain details in your case may be crucial in determining whether or not your rights were respected. A seasoned Texas dui attorney might help determine both the factors of possession and the protection of the rights in your case.
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