Essential Information On Texas Law and Marijuana Possession
The FBI's Uniform Crime Reporting Data established that almost half with the drug arrests in america are marijuana related. In Texas, a number of these arrests are for nonviolent possessing marijuana in a small amount - usually for private recreational use. Which means that you may be facing incarceration despite possessing little:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt from your 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 are not counted as illegal under section 481 of Texas Protection Code. These are generally:
• Cannabis seeds not capable of germination due to sterilization
• Cannabis resin
• Mature stalks with the cannabis plant
• Oil or cake created from the seeds with the cannabis plant
• Oil or cake created from the mature stalks in the cannabis plant
However, you should be aware that getting these legal substances may result in a deeper investigation to find out in case you are also in having illegal aspects of the marijuana plant. Additionally, having any amount of illegal elements of the marijuana plant - also referred to as pot, weed, bud, ganja, reefer, and chronic - can result in additional charges of drug paraphernalia possession or distribution charges.
When facing electrical for pot possession, remember you're not automatically guilty. You'll find rules, definitions, and procedures the prosecution are required to follow. Another thing the prosecution must prove beyond a good doubt is that you simply were in actual or constructive possession. These definitions are crucial in relation to proving your guilt in a possession case, and they are looked as follows:
Actual Possession - Alleged offender had actual, physical treatments for the weed. This specifically refers to if the individual had it within their hands, on their own person, or perhaps in a container on their own person for instance 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 of the substance, AND
• Had intent to consider physical control or actual possessing the substance
Because of the specificities in these definitions, you will need to pay attention to exactly what happens and, whenever possible, record it. Additionally, you have several rights being an accused offender, including defense against unreasonable search and seizure and to certainly due process; certain details available for you might be essential in determining whether or not your rights were respected. An experienced Texas criminal defense attorney will help determine both the factors of possession and also the protection of the rights for you personally.
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• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt from your 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 are not counted as illegal under section 481 of Texas Protection Code. These are generally:
• Cannabis seeds not capable of germination due to sterilization
• Cannabis resin
• Mature stalks with the cannabis plant
• Oil or cake created from the seeds with the cannabis plant
• Oil or cake created from the mature stalks in the cannabis plant
However, you should be aware that getting these legal substances may result in a deeper investigation to find out in case you are also in having illegal aspects of the marijuana plant. Additionally, having any amount of illegal elements of the marijuana plant - also referred to as pot, weed, bud, ganja, reefer, and chronic - can result in additional charges of drug paraphernalia possession or distribution charges.
When facing electrical for pot possession, remember you're not automatically guilty. You'll find rules, definitions, and procedures the prosecution are required to follow. Another thing the prosecution must prove beyond a good doubt is that you simply were in actual or constructive possession. These definitions are crucial in relation to proving your guilt in a possession case, and they are looked as follows:
Actual Possession - Alleged offender had actual, physical treatments for the weed. This specifically refers to if the individual had it within their hands, on their own person, or perhaps in a container on their own person for instance 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 of the substance, AND
• Had intent to consider physical control or actual possessing the substance
Because of the specificities in these definitions, you will need to pay attention to exactly what happens and, whenever possible, record it. Additionally, you have several rights being an accused offender, including defense against unreasonable search and seizure and to certainly due process; certain details available for you might be essential in determining whether or not your rights were respected. An experienced Texas criminal defense attorney will help determine both the factors of possession and also the protection of the rights for you personally.
For details about texas marijuana arrest statistics see our new site.
