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 private recreational use. Because of this you could be facing prison time in spite of possession of small amounts of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt from your cannabis plant or its seeds
• Any mixture or preparation of the cannabis plant or its seeds
There are some elements of the cannabis plant or marijuana-related substances that aren’t counted as illegal under section 481 of Texas Health and Safety Code. These are:
• Cannabis seeds unfit to be germination because of sterilization
• Cannabis resin
• Mature stalks of the cannabis plant
• Oil or cake made from the seeds of the cannabis plant
• Oil or cake created from the mature stalks in the cannabis plant
However, you should know that possession of these legal substances may result in a deeper investigation to determine should you be also in having illegal parts of the marijuana plant. Additionally, possession of any amount of illegal parts of the marijuana plant – also referred to as pot, weed, bud, ganja, reefer, and chronic – can 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 procedures the prosecution has to follow. Something the prosecution must prove beyond a fair doubt is you were in actual or constructive possession. These definitions are important in relation to proving your guilt in a possession case, and therefore are looked as follows:
Actual Possession – Alleged offender had actual, physical treating the weed. This specifically identifies if the individual been there in their hands, on his or her person, or even 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 able to take control over the substance, AND
• Had intent to take physical control or actual possession of the substance
Due to the specificities during these definitions, you will need to look closely at precisely what happens and, whenever possible, record it. Additionally, you have several rights being an accused offender, including protection from unreasonable search and seizure and directly to due process; certain details for yourself might be critical in determining if your rights were respected. A professional Texas dui attorney will help determine both the factors of possession as well as the protection of one’s rights for you personally.
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