Criminal Attorney in Fort Bend Texas

Understanding Texas Marijuana Laws

The Texas Penal Code is extremely specific in its definition of marijuana and which part of the plant is considered contraband. Your Sugar Land criminal defense attorney can explain the statute further, but understand that not all components to the marijuana plant are considered illegal. The following explains in greater detail the intricacies of this drug law, which is found in Section 481.002(26) of the Texas Penal Code.

What Is Considered "Marijuana" under the Definition?

Under the definition of marijuana, or "marihuana" as used in the text, the term refers to the plant Cannabis sativa L., whether it is growing or not. Also included in the definition are the seeds of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds.

What Is Not Included in the Definition?

Your Sugar Land criminal defense attorney will take into consideration which part(s) of the plant your charges are related to. The legislature explicitly excludes certain plant components from the definition of marijuana. These include the following:

  • The resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;
  • The mature stalks of the plant or fiber produced from the stalks;
  • Oil or cake made from the seeds of the plant
  • A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake
  • The sterilized seeds of the plant that are incapable of beginning germination

Contact an Experienced Attorney Today

John Venza is an experienced Sugar Land criminal defense attorney who can review your marijuana charge to determine if the facts of your case meet the definitions in the statute. To set up an appointment, call 281-971-5660 today.

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