Texas Law and Marijuana Possession

In 2011, the FBI’s Uniform Criminal offense Reporting Information showed that virtually half of the drug arrests in the United States are marijuana similar. In Texas, quite a few of these arrests are for nonviolent possession of marijuana in compact quantities – normally for particular leisure use. This usually means that you could be experiencing jail time even with possession of compact quantities of:

&bull The hashish plant
&bull Cannabis seeds
&bull Any compound, derivative, or salt from the hashish plant or its seeds
&bull Any mixture or preparing of the hashish plant or its seeds

There are a handful of parts of the hashish plant or marijuana-similar substances that are not counted as illegal less than portion 481 of Texas Wellness and Security Code. These are:

&bull Cannabis seeds incapable of germination thanks to sterilization
&bull Cannabis resin
&bull Experienced stalks of the hashish plant
&bull Oil or cake created from the seeds of the hashish plant
&bull Oil or cake created from the mature stalks of the hashish plant

Even so, you should really be conscious that possession of these legal substances may well guide to a deeper investigation to ascertain if you are also in possession of illegal parts of the marijuana plant. In addition, possession of any amount of illegal parts of the marijuana plant – also referred to as pot, weed, bud, ganja, reefer, and long-term – may well guide to extra prices of drug paraphernalia possession or distribution prices.

When experiencing a cost for pot possession, don’t forget you are not quickly guilty. There are guidelines, definitions, and procedures the prosecution need to abide by. A person detail the prosecution need to confirm over and above a reasonable doubt is that you have been in real or constructive possession. These definitions are very important when it will come to proving your guilt in a possession situation, and are described as follows:

True Possession – Alleged offender had real, physical command over the weed. This especially refers to if the particular person had it in their arms, on their person, or in a container on their person these types of as a purse.

Constructive Possession – Alleged offender had weed in their existence and
&bull Were being conscious the material was illegal, AND
&bull Were being bodily capable to choose command of the material, AND
&bull Had intent to choose physical command or real possession of the material

Due to the fact of the specificities in these definitions, it is crucial to pay notice to every little thing that happens and, when feasible, record it. In addition, you have several rights as an accused offender, together with protection from unreasonable lookup and seizure and appropriate to thanks process certain aspects in your situation could be crucial in identifying regardless of whether or not your rights have been highly regarded. An experienced Texas criminal defense lawyer can assistance ascertain both equally the factors of possession and the protection of your rights in your situation.

Penalties for marijuana possession in Texas commence with up to a hundred and eighty times in jail and a wonderful up to $two,000 and go up to everyday living in prison with a $50,000 wonderful. If you are experiencing a cost for pot, your defense gets crucial right away. A Texas defense attorney could give you a additional favorable shot at preserving your potential.