Key Knowledge About Texas Law and Marijuana Possession
The FBI’s Uniform Crime Reporting Data showed that up to 50 % of the drug arrests in the us are marijuana related. In Texas, several arrests are for nonviolent having marijuana in control – usually web hosting recreational use. Which means that you will be facing time in jail despite having possessing small amounts of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt in the cannabis plant or its seeds
• Any mixture or preparation of the cannabis plant or its seeds
There are several aspects of the cannabis plant or marijuana-related substances that are not counted as illegal under section 481 of Texas Safe practices Code. They are:
• Cannabis seeds incompetent at germination as a result of sterilization
• Cannabis resin
• Mature stalks of the cannabis plant
• Oil or cake made out of the seeds from the cannabis plant
• Oil or cake made out of the mature stalks in the cannabis plant
However, you should be aware that getting these legal substances may lead to a deeper investigation to ascertain in case you are and in getting illegal parts of the marijuana plant. Additionally, getting anywhere of illegal aspects of the marijuana plant – also known as pot, weed, bud, ganja, reefer, and chronic – may result in additional charges of drug paraphernalia possession or distribution charges.
When facing a cost for pot possession, remember about to catch automatically guilty. You can find rules, definitions, and procedures the prosecution must follow. Something the prosecution must prove beyond a reasonable doubt is that you simply were in actual or constructive possession. These definitions are very important in relation to proving your guilt within 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 if the individual been there in their hands, on their person, or in a container on their own person such as a purse.
Constructive Possession – Alleged offender had weed inside their presence and
• Were aware the substance was illegal, AND
• Were physically able to take charge of the substance, AND
• Had intent to consider physical control or actual having the substance
Due to specificities over these definitions, you should pay attention to precisely what happens and, whenever possible, record it. Additionally, you have several rights as a possible accused offender, including protection from unreasonable search and seizure and to certainly due process; certain details available for you might be essential in determining regardless of whether your rights were respected. An experienced Texas criminal attorney might help determine both factors of possession along with the protection of your rights available for you.
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