The FBI’s Uniform Crime Reporting Data established that up to 50 % with the drug arrests in the usa are marijuana related. In Texas, a number of these arrests are for nonviolent possession of marijuana in small amounts – usually form of hosting recreational use. Which means you’re likely to be facing incarceration despite having getting small amounts of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt in the cannabis plant or its seeds
• Any mixture or preparation in the cannabis plant or its seeds
There are many aspects of the cannabis plant or marijuana-related substances that aren’t counted as illegal under section 481 of Texas Safe practices Code. These are generally:
• Cannabis seeds incapable of 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 produced from the mature stalks with the cannabis plant
However, a person that having these legal substances can result in a deeper investigation to find out should you be also in having illegal parts 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 result in additional charges of drug paraphernalia possession or distribution charges.
When facing a cost for pot possession, remember you aren’t automatically guilty. You’ll find rules, definitions, and operations the prosecution must follow. One thing the prosecution must prove beyond an acceptable doubt is that you simply were in actual or constructive possession. These definitions are important with regards to proving your guilt in the possession case, and therefore are defined as follows:
Actual Possession – Alleged offender had actual, physical control of the weed. This specifically is the term for if your individual been with them of their hands, on the person, or in a container on his or her person say for example a purse.
Constructive Possession – Alleged offender had weed within their presence and
• Were aware the substance was illegal, AND
• Were physically able to take control of the substance, AND
• Had intent to take physical control or actual having the substance
As a result of specificities during these definitions, it is important to pay attention to everything that happens and, whenever possible, record it. Additionally, you have several rights being an accused offender, including defense against unreasonable search and seizure and right to due process; certain details in your case could be crucial in determining whether your rights were respected. An experienced Texas criminal defense attorney will help determine both factors of possession and also the protection of one’s rights for you personally.
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