The FBI’s Uniform Crime Reporting Data demonstrated that up to 50 % from the drug arrests in the United States are marijuana related. In Texas, many of these arrests are suitable for nonviolent possession of marijuana in small amounts – usually web hosting recreational use. Which means you will be facing jail time despite possession of small amounts of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt from the cannabis plant or its seeds
• Any mixture or preparation in the cannabis plant or its seeds
There are some aspects of the cannabis plant or marijuana-related substances which are not counted as illegal under section 481 of Texas Safety and health Code. These are:
• Cannabis seeds unfit to be germination on account of sterilization
• Cannabis resin
• Mature stalks with the cannabis plant
• Oil or cake created from the seeds from 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 may result in a deeper investigation to determine if you are and in possessing illegal aspects of the marijuana plant. Additionally, getting any amount of illegal aspects of the marijuana plant – also called pot, weed, bud, ganja, reefer, and chronic – may result in additional charges of drug paraphernalia possession or distribution charges.
When facing electric power charge for pot possession, remember you are not automatically guilty. You can find rules, definitions, and procedures the prosecution must follow. Another thing the prosecution must prove beyond a good doubt is that you simply were in actual or constructive possession. These definitions are important with regards to proving your guilt inside a possession case, and are looked as follows:
Actual Possession – Alleged offender had actual, physical treating the weed. This specifically describes when the individual been there in their hands, on the person, or perhaps a container on their own person like a purse.
Constructive Possession – Alleged offender had weed in 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
As a result of specificities over these definitions, you will need to focus on everything that happens and, whenever possible, record it. Additionally, there are several rights as a possible accused offender, including defense against unreasonable search and seizure and right to due process; certain details available for you may be crucial in determining regardless of whether your rights were respected. A skilled Texas dui attorney might help determine the factors of possession along with the protection of the rights for yourself.
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