Texas Law and Marijuana Possession
In 2011, the FBI’s Uniform Crime Reporting Data revealed that nearly 1 / 2 of these drug arrests in the United States are marijuana related. Back in Texas, many of those arrests are for nonviolent ownership of marijuana in little amounts – usually for personal recreational use. This means that you might be facing jail time with ownership of small amounts of:
There are a few sections of the cannabis plant or even marijuana-related substances that aren’t counted as prohibited under section 481 of Texas Health and Safety Code. These are:
• Cannabis seeds incapable of germination because of sterilization
However, you need to take Cbd note that possession of these lawful chemicals may possibly result in a deeper investigation to find out whether you’re also in possession of illegal parts of the marijuana plant. Additionally, ownership of some quantity of prohibited portions of the bud plant – also referred to as marijuana, weed, marijuana, ganja, reefer, and long-term can contribute to additional charges of drug paraphernalia possession or distribution charges.
After confronting a fee for pot ownership, remember you are not automatically guilty. There are definitions, rules, and procedures the prosecution must follow. One thing that the prosecution must prove beyond a reasonable doubt is that you had been in actual or constructive possession. These definitions are crucial when it comes to demonstrating your guilt in a ownership case, and therefore are defined as follows:
Actual Possession – Alleged offender had actual, physical control within the marijuana. This specifically describes if the average person had it in their hands, in their person, or in a container to their person like a handbag.
Constructive Possession – Alleged offender had bud in their existence and
• Were aware the substance was prohibited, AND
• Were able to take control of this substance, AND
• Had intent to take physical controller or actual possession of the substance
Because of the specificities in these definitions, it is crucial to pay attention to what which happens and, when you can, listing it. In addition, you might have many rights as an accused offender, including protection from unreasonable search and seizure and right to due process; certain details on your case might be essential in ascertaining whether or not your rights were respected. An seasoned Texas criminal defense attorney will help determine both factors of possession and the security of your rights in your case.
Penalties for marijuana possession in Texas begin as much as 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 payment for pot, your defense gets essential immediately. A Texas defense attorney could give you an even more positive shot protecting your future.