The FBI’s Uniform Crime Reporting Data showed that up to 50 % in the drug arrests in the us are marijuana related. In Texas, several of these arrests are suitable for nonviolent having marijuana in moderateness – usually for private recreational use. Which means that you’re likely to be facing prison time despite having getting little:

• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt from your cannabis plant or its seeds
• Any mixture or preparation with the cannabis plant or its seeds

There are a few parts of the cannabis plant or marijuana-related substances which are not counted as illegal under section 481 of Texas Health and Safety Code. They are:

• Cannabis seeds incompetent at germination due to sterilization
• Cannabis resin
• Mature stalks of the cannabis plant
• Oil or cake produced from the seeds in the cannabis plant
• Oil or cake made from the mature stalks of the cannabis plant

However, you should know that having these legal substances can result in a deeper investigation to ascertain should you be also in possession of illegal parts of the marijuana plant. Additionally, possessing any amount of illegal aspects of the marijuana plant – also referred to as 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 aren’t automatically guilty. You can find rules, definitions, and procedures the prosecution is required to follow. Something the prosecution must prove beyond a reasonable doubt is you were in actual or constructive possession. These definitions are important in terms of proving your guilt inside a possession case, and therefore are thought as follows:

Actual Possession – Alleged offender had actual, physical treating the weed. This specifically refers to in the event the individual had it inside their hands, on their person, or perhaps a container on the person such as a purse.

Constructive Possession – Alleged offender had weed in their presence and
• Were aware the substance was illegal, AND
• Were physically able to take power over the substance, AND
• Had intent to consider physical control or actual getting the substance

Due to specificities during these definitions, you should focus on anything that happens and, whenever 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 available for you might be crucial in determining if your rights were respected. A seasoned Texas defense attorney might help determine both the factors of possession along with the protection of your rights for yourself.

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