The FBI’s Uniform Crime Reporting Data demonstrated that almost half from the drug arrests in america are marijuana related. In Texas, a number of these arrests are suitable for nonviolent possession of marijuana in a small amount – usually form of hosting recreational use. Which means that you’re likely to be facing incarceration even with having small quantities of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt from the cannabis plant or its seeds
• Any mixture or preparation in the cannabis plant or its seeds
There are a few elements 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 incompetent at germination because of sterilization
• Cannabis resin
• Mature stalks with the cannabis plant
• Oil or cake made from the seeds with the cannabis plant
• Oil or cake made from the mature stalks from the cannabis plant
However, you ought to know that getting these legal substances may result in a deeper investigation to determine in case you are and in having illegal parts of the marijuana plant. Additionally, having anywhere of illegal parts of the marijuana plant – also called pot, weed, bud, ganja, reefer, and chronic – may lead to additional charges of drug paraphernalia possession or distribution charges.
When facing a charge for pot possession, remember you’re not automatically guilty. There are rules, definitions, and operations the prosecution has to follow. Something the prosecution must prove beyond an acceptable doubt is that you simply were in actual or constructive possession. These definitions are crucial in terms of proving your guilt inside a possession case, and so are defined as follows:
Actual Possession – Alleged offender had actual, physical treatments for the weed. This specifically refers to in the event the individual been there in their hands, on their own person, or perhaps in a container on the person say for example a purse.
Constructive Possession – Alleged offender had weed in their presence and
• Were aware the substance was illegal, AND
• Were physically able to take control of the substance, AND
• Had intent to adopt physical control or actual getting the substance
Due to the specificities over these definitions, it is very important look closely at precisely what happens and, when possible, record it. Additionally, there are several rights as a possible accused offender, including protection from unreasonable search and seizure and right to due process; certain details in your case might be important in determining if your rights were respected. A professional Texas criminal attorney will help determine both factors of possession along with the protection of your rights for yourself.
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