In 2011, the FBI’s Uniform Crime Reporting Data showed that almost 50% of the drug arrests in the USA are marijuana related. In Texas, many of the arrests are for nonviolent possession of marijuana in smallish amounts – usually for personal recreational use. This means that you could be facing jail time with possession of small amounts of:
• Cannabis seeds
• Any compound, derivative, or sodium supplement manufacturers private label by the cannabis plant or its seeds
• Any combination or preparation of the cannabis plant or its seeds
There are always a couple pieces of the cannabis plant or even marijuana-related substances which aren’t counted as prohibited under section 481 of Texas Health and Safety Code. All these are:
• Cannabis seeds incapable of germination because of sterilization
But, you need to know that ownership of these legal chemicals can cause a deeper investigation to find out if you’re also in possession of illegal areas of the bud plant. Additionally, possession of any amount of illegal sections of the marijuana plant – also called marijuana, weed, bud, ganja, reefer, and long-term can lead to additional rates of drug paraphernalia possession or supply charges.
When confronting a payment for marijuana possession, remember you are not automatically guilty. There are definitions, rules, and procedures the prosecution has to follow. One thing that the prosecution must prove beyond a reasonable doubt is that you were in actual or constructive possession. These definitions are all crucial as it comes to proving your guilt at a ownership situation, and so are described as follows:
Actual Possession – Alleged offender had actual, physical control on the weed. This specifically identifies whether the average person had it into their hands, on their own person, or within a container on their person such as a purse.
Constructive Possession – Alleged offender had bud in their existence and
• Were aware the material was prohibited, AND
• Were physically able to take control of the substance, AND
• Had intent to take physical management or real possession of the material
Because of the specificities in such definitions, it’s crucial to look closely at what which takes place and, when possible, record it. In addition, you have many rights in an accused criminal, for example protection against unreasonable search and seizure and right to due process; definite details on your case might possibly be crucial in ascertaining whether your rights were honored. An experienced Texas criminal defense attorney can help determine the two facets of possession and also the protection of one’s rights in your claim.
Penalties for marijuana possession in Texas begin up to 180 days in prison and a fine up to $2,000 and go up to life in prison with a $50,000 fine. If you are facing a fee for bud, your defense gets important instantly. A Texas defense attorney could give you a more positive shot protecting your long run.