Although rain is uncommon during the summer months — sudden thunderstorms do occur.
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Although there were several restrictions on cannabis in Texas before outright prohibition — Texas didn’t entirely ban marijuana until 1931.
The History of Cannabis in Texas
Unlike other states, Texas decided to hand out life sentences for simply possessing any amount of cannabis. In other words, people were thrown into prison for their entire lives, even if they were caught with a few grams of weed.
“Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.
You might also challenge the constitutionality of the search that led to the discovery of the marijuana. If the police searched you or your car or home without your consent, the search may have been illegal if they did not obtain a search warrant in advance.
Where is “marijuana” defined in the Texas Penal Code?
Please contact us to review your case, and we can help determine whether this kind of challenge could be successful.
(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin; (B) the mature stalks of the plant or fiber produced from the stalks; (C) oil or cake made from the seeds of the plant; (D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or (E) the sterilized seeds of the plant that are incapable of beginning germination.
What if I was just one of many passengers in a car that is found to contain marijuana?
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degreee if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and (6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.