The FBI’s Uniform Crime Reporting Data demonstrated that almost half in the drug arrests in the usa are marijuana related. In Texas, several of these arrests are suitable for nonviolent getting marijuana in control – usually for private recreational use. This means that you’re likely to be facing jail time despite having getting little:

• 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 some parts of the cannabis plant or marijuana-related substances which aren’t counted as illegal under section 481 of Texas Health and Safety Code. They’re:

• Cannabis seeds incapable of germination on account of sterilization
• Cannabis resin
• Mature stalks of the cannabis plant
• Oil or cake made from the seeds with the cannabis plant
• Oil or cake produced from the mature stalks in the cannabis plant

However, you ought to know that possessing these legal substances can lead to a deeper investigation to find out if you’re also in getting illegal elements of the marijuana plant. Additionally, possession of any amount 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 electrical for pot possession, remember you’re not automatically guilty. You can find rules, definitions, and operations the prosecution has to follow. One thing the prosecution must prove beyond a fair doubt is that you simply were in actual or constructive possession. These definitions are very important with regards to proving your guilt inside a possession case, and therefore are defined as follows:

Actual Possession – Alleged offender had actual, physical treating the weed. This specifically refers to if your individual been there within their hands, on the person, or perhaps a container on the person for instance a purse.

Constructive Possession – Alleged offender had weed in their presence and
• Were aware the substance was illegal, AND
• Were physically able to take charge of the substance, AND
• Had intent to look at physical control or actual possessing the substance

Due to the specificities of these definitions, it is important to focus on exactly what happens and, when possible, record it. Additionally, you have several rights as an accused offender, including defense against unreasonable search and seizure and to certainly due process; certain details for yourself could be important in determining regardless of whether your rights were respected. A seasoned Texas criminal attorney will help determine both factors of possession along with the protection of your rights for yourself.

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