The FBI’s Uniform Crime Reporting Data demonstrated that up to 50 % with the drug arrests in the United States are marijuana related. In Texas, a number of these arrests are for nonviolent getting marijuana in a small amount – usually form of hosting recreational use. Which means that you could be facing time in jail even with getting small quantities of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt through the cannabis plant or its seeds
• Any mixture or preparation from the cannabis plant or its seeds
There are several aspects of the cannabis plant or marijuana-related substances which are not counted as illegal under section 481 of Texas Health and Safety Code. These are:
• Cannabis seeds not capable of germination because of sterilization
• Cannabis resin
• Mature stalks with the cannabis plant
• Oil or cake made out of the seeds of the cannabis plant
• Oil or cake made from the mature stalks with the cannabis plant
However, you ought to know that possessing these legal substances may result in a deeper investigation to ascertain if you’re also in possession of illegal areas of the marijuana plant. Additionally, possessing 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’re not automatically guilty. There are rules, definitions, and operations the prosecution has to follow. A very important factor the prosecution must prove beyond an acceptable doubt is that you simply were in actual or constructive possession. These definitions are very important when it comes to proving your guilt in a possession case, and are understood to be follows:
Actual Possession – Alleged offender had actual, physical treating the weed. This specifically is the term for when the individual been with them within their hands, on his or her person, or in a container on their person like 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 over the substance, AND
• Had intent to take physical control or actual possession of the substance
Due to the specificities during these definitions, it is very important pay attention to everything that happens and, when possible, record it. Additionally, you have several rights being an accused offender, including defense against unreasonable search and seizure and to due process; certain details for you personally may be crucial in determining regardless of whether your rights were respected. A professional Texas dui attorney may help determine both the factors of possession as well as the protection of your respective rights available for you.
For more details about texas marijuana advocates please visit webpage: check.