Texas Law and Marijuana Possession

In 2011, the FBI’s Uniform Crime Reporting Data demonstrated that almost 1 / 2 of the drug arrests in the USA are marijuana related. Back in Texas, a number of these arrests are for nonviolent possession of marijuana in smallish amounts – usually for personal recreational usage. This means that you may be facing jail time with possession of small amounts of:

• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt against the cannabis plant or its seeds
• Any mixture or planning of the cannabis plant or its seeds

There are certainly a number Private Label CBD Oil of portions of the cannabis plant or even marijuana-related chemicals that are not counted as prohibited under section 481 of Texas Health and Safety Code. All these are:

• Cannabis seeds incapable of 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 curry made from the mature stalks of the cannabis plant

But, you need to remember that possession of these legal chemicals can cause a deeper investigation to find out whether you are also accountable for prohibited parts of the marijuana plant. Additionally, possession of any level of prohibited pieces of the marijuana plant – also referred to as pot, weed, marijuana, ganja, reefer, and chronic – might contribute to additional rates of drug paraphernalia possession or distribution charges.

After confronting a fee for marijuana ownership, remember you are not automatically guilty. There are definitions, rules, and procedures the prosecution must follow. One thing that the prosecution has to prove beyond a reasonable doubt is that you were in actual or constructive possession. These definitions are all essential when it comes to demonstrating your guilt at a possession situation, and so are defined as follows:

Actual Possession – Alleged offender had actual, physical control on the weed. This specifically identifies whether the individual had it into their fingers, on their own person, or in a container on their person like a purse.

Constructive Possession – Alleged offender had bud in their presence and
• Were conscious the material was illegal, AND
• Were physically able to seize control of the substance, AND
• had aim to shoot physical control or actual possession of this substance

Because of the specificities in those definitions, it is important to pay attention to everything which takes place and, when possible, record it. In addition, you have a lot of rights in an accused offender, for example protection against unreasonable search and seizure and to due process; certain details in your case could be important in determining whether your rights were honored. An experienced Texas criminal defense attorney will help determine both the facets of possession and also the protection of your rights in your case.

Penalties for marijuana possession in Texas start up to 180 days in jail and a fine up to $2,000 and move up alive in prison with a $50,000 fine. If you are confronting a payment for bud, your defense gets important immediately. A Texas defense lawyer can give you an even more favorable shot protecting your future.

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