Texas Law and Marijuana Possession

n 2011, the FBI’s Uniform Crime Reporting Data demonstrated that almost 1 / 2 of those drug arrests in the USA are bud related. Back in Texas, many of these arrests are for nonviolent ownership of marijuana in smallish amounts – generally for private recreational use. It Follows That You Might be facing jail time even with possession of small quantities of:

• The cannabis plant

Additionally, there are some sections of the cannabis plant or marijuana-related chemicals that are not counted as illegal under section 481 of Texas Health and Safety Code. All these are:

• Cannabis seeds incapable of germination due to sterilization

But you ought to know that possession of those legal chemicals may result in a deeper investigation to decide on whether you’re also in possession of prohibited pieces of the marijuana plant. In addition, ownership of any amount of prohibited components of the bud plant – also referred to as marijuana, weed, bud, ganja, reefer, and chronic – may lead to extra rates of drug paraphernalia possession or distribution costs cbd for sale.

When facing a fee for marijuana possession, remember you are not automatically guilty. You’ll find definitions, rules, and methods the prosecution needs to follow along. One thing the prosecution must prove beyond a reasonable doubt is that you just were in real or constructive possession. These definitions are essential as It Regards proving your guilt in a possession situation, and also so are defined as follows:

Genuine Possession – Alleged offender experienced precise, bodily management across the marijuana. This especially pertains to whether the man had it into their hands, in their own human being, or inside a container on the person like a handbag.

Constructive Possession – Alleged offender had bud inside their presence and
• Were conscious the material was prohibited, AND
• Have Been physically able to seize Charge of this substance, AND
• had aim to shoot bodily control or real possession of the material

Because of the specificities in those definitions, so it’s important to pay attention to everything that takes place and, even when possible, listing it. In addition, you have many rights within an accused criminal, including protection against unreasonable search and seizure and right to due process; certain details on your case could possibly be important in ascertaining whether your rights were respected. An skilled Texas legal defense lawyer can help establish the factors of possession and also the protection of one’s rights on your claim.

Penalties for marijuana ownership in Texas start with up to one hundred eighty days in prison and a fine up to $2,000 and proceed up to life in prison with a $50,000 fine. If you’re facing a payment for pot, your shield becomes necessary instantly. A Texas protection attorney can offer you an even more positive chance at protecting your future.