Important Specifics About Texas Law and Marijuana Possession

The FBI’s Uniform Crime Reporting Data established that nearly half with the drug arrests in america are marijuana related. In Texas, many of these arrests are suitable for nonviolent having marijuana in a small amount – usually web hosting recreational use. Which means you may be facing incarceration even with getting small quantities 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 many parts of the cannabis plant or marijuana-related substances which aren’t counted as illegal under section 481 of Texas Protection Code. These are:

• Cannabis seeds unfit to be germination on account of sterilization
• Cannabis resin
• Mature stalks from the cannabis plant
• Oil or cake produced from the seeds in the cannabis plant
• Oil or cake produced from the mature stalks from the cannabis plant

However, a person that having these legal substances can lead to a deeper investigation to find out if you’re also in possessing illegal elements of the marijuana plant. Additionally, possession of anywhere of illegal areas of the marijuana plant – otherwise known as pot, weed, bud, ganja, reefer, and chronic – may lead to additional charges of drug paraphernalia possession or distribution charges.

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

Actual Possession – Alleged offender had actual, physical treatments for the weed. This specifically describes if the individual been there in their hands, on his or her person, or even in a container on their own person such as 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 consider physical control or actual getting the substance

Due to the specificities during these definitions, it is very important pay attention to precisely what happens and, whenever possible, record it. Additionally, you have several rights just as one accused offender, including protection from unreasonable search and seizure and to due process; certain details for you personally could be crucial in determining whether your rights were respected. An experienced Texas criminal attorney might help determine the factors of possession and also the protection of your respective rights for yourself.

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