The FBI’s Uniform Crime Reporting Data indicated that up to 50 % from the drug arrests in the usa are marijuana related. In Texas, several of these arrests are for nonviolent possession of marijuana in small amounts – usually web hosting recreational use. Because of this you may be facing jail time despite having having little:
• 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 many aspects of the cannabis plant or marijuana-related substances which aren’t counted as illegal under section 481 of Texas Health and Safety Code. They are:
• Cannabis seeds not capable of germination on account of sterilization
• Cannabis resin
• Mature stalks of the cannabis plant
• Oil or cake created from the seeds with the cannabis plant
• Oil or cake made from the mature stalks of the cannabis plant
However, you should be aware that having these legal substances can result in a deeper investigation to find out in case you are also in getting illegal areas of the marijuana plant. Additionally, possessing anywhere of illegal elements 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 electric power charge for pot possession, remember about to catch automatically guilty. You’ll find rules, definitions, and operations the prosecution is required to follow. A very important factor the prosecution must prove beyond a reasonable doubt is you were in actual or constructive possession. These definitions are important with regards to proving your guilt inside a possession case, and so are thought as follows:
Actual Possession – Alleged offender had actual, physical control of the weed. This specifically describes if your individual had it inside their hands, on their person, or in a container on their person say for example a purse.
Constructive Possession – Alleged offender had weed of their presence and
• Were aware the substance was illegal, AND
• Were physically able to take control over the substance, AND
• Had intent to consider physical control or actual getting the substance
Due to specificities over these definitions, it is very important take note of exactly what happens and, whenever possible, record it. Additionally, there are several rights just as one accused offender, including protection from unreasonable search and seizure and to certainly due process; certain details in your case might be crucial in determining whether or not your rights were respected. A skilled Texas criminal defense attorney may help determine both factors of possession along with the protection of your rights for you personally.
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