Texas Law and Marijuana Possession
In 2011, the FBI’s Uniform Crime Reporting Data showed that almost 1 / 2 of the drug arrests in the United States are marijuana related. Back in Texas, a number of these arrests are for non violent possession of marijuana in little amounts – usually for personal recreational use. This means that you can be facing jail time even with possession of small amounts of:
• The cannabis plant
• Cannabis seeds
• Any compound, derivative, or salt by the cannabis plant or its seeds
• Any combination or preparation of the cannabis plant or its seeds
There are a few regions of the cannabis plant or even marijuana-related chemicals that aren’t counted as prohibited under section 481 of Texas Health and Safety Code. These are:
• Cannabis resin
• Adult stalks of this cbd oil for vape cannabis plant
• Oil or cake made from the seeds of the cannabis plant
• Oil or curry made from the mature stalks of the cannabis plant
But, you need to be aware that ownership of these legal chemicals may lead to a deeper analysis to find out if you are also accountable for prohibited areas of the grass plant. Additionally, possession of any quantity of illegal components of the bud plant – also called pot, weed, marijuana, ganja, reefer, and long-term might lead to additional rates of drug paraphernalia possession or distribution charges.
When confronting a charge for pot possession, remember you aren’t automatically guilty. There are definitions, rules, and procedures the prosecution must follow. One thing that the prosecution has to prove beyond a reasonable doubt is that you had been in actual or constructive ownership. These definitions are all crucial as it comes to demonstrating your guilt at a ownership situation, and therefore are defined as follows:
This specifically identifies if the individual had it in their fingers, in their own person, or within a container to their person like a handbag.
Constructive Possession – Alleged offender had weed in their existence and
• Were conscious the substance was illegal, AND
• Were physically able to take control of the material, AND
• had aim to shoot physical control or real possession of this substance
On account of the specificities in those definitions, it’s crucial to focus on everything which takes place and, when possible, listing it. Additionally, you might have a lot of rights in an accused criminal, including protection against unreasonable search and seizure and right to due process; definite details on your case could possibly be essential in determining whether or not your rights were admired. An seasoned Texas criminal defense lawyer will help determine both the factors of ownership and the protection of one’s rights in your case.
Penalties for marijuana possession in Texas start up to 180 days in jail and a fine up to $2000 and move up to life in prison with a $50,000 fine. If you are facing a fee for marijuana, your defense gets important instantly. A Texas defense attorney could give you a more positive shot at protecting your long run.